Two tourists were injured whilst on holiday in Spain. One recovered damages in Spain; the other sued the tour operators here, and the Spanish hotel operator resisted being joined, saying that his business being in Spain, he should not be sued here. The Regulations clearly enabled the tour operator to be sued here, and the operator in turn could seek his indemnity from the hotel operator here under the Convention. The parties could not be protected from the possibility of facing different consequences from different courts when there were several linked cases. The cases were referred to the European Court of Justice for their decision.
Judges:
Judge, Latham LJJ
Citations:
[2001] EWCA Civ 972
Links:
Jurisdiction:
England and Wales
Contract, European, Personal Injury, Consumer
Updated: 31 May 2022; Ref: scu.147592