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.
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February 17, 2021