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18th Mar 2021
The CJEU hands down judgment in the landmark case of X v Kuoni regarding the liability of a tour operator for an assault on a guest, following a reference by the Supreme Court. It accepted X’s submission that, where a tour operator is liable for improper performance of the holiday contract, it cannot rely on a statutory defence where failures in performance are the result of acts or omissions of employees of suppliers of services performing those obligations.
Katherine Deal QC acts for X led by Robert Weir QC of Devereux Chambers instructed by Irwin Mitchell.
Howard Stevens QC and James Hawkins, instructed by Kennedys, act for ABTA, who intervened in the (ongoing) appeal to the Supreme Court and the reference to the CJEU.
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