The Supreme Court this morning handed down judgment in X v Kuoni Travel Ltd, and have, in order to determine the appeal, referred two questions to the CJEU. These questions go to the application of one of the statutory defences under Article 5(2) of the 1990 Directive (Reg 15(2)(c)(ii) of the 1992 Regulations) and will be of particular interest in, although not limited to, cases where the improper performance of the holiday contract on which a claimant relies is the result of a deliberate act. The CJEU is also being asked to consider whether there are any circumstances in which an employee is to be regarded as the supplier of services under the holiday contract.
Katherine Deal QC acts for X.
Howard Stevens QC and James Hawkins act for ABTA, which was granted permission to intervene in the appeal.