Court of Appeal gives guidance on standard of care in foreign accident claims

19 March 2010

Tom Poole appeared for the respondent travel company in an appeal before the Court of Appeal in which the Court gave important guidance on the standard of care to be applied in foreign accident claims. Dismissing an appeal by a skier against a decision dismissing her claim against the travel company for personal injury sustained during a skiing holiday in Bulgaria, the Court held that the Federation International de Ski (FIS) Rules for Safety in Winter Sports, which imposes a duty on ski instructors never to allow pupils to take any risk beyond their capabilities, did not identify or mandate how that duty was to be implemented. Gouldbourn v Balkan Holidays Ltd 16/3/2010 Reported on Lawtel at LTL 16/3/2010 EXTEMPORE