The tour company had lost an action for personal injury by a young man injured on holiday with them in Greece, and now sought an indemnity from its insurers.
Judges:
Gross J
Citations:
[2007] EWHC 458 (Comm)
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Evans v Kosmar Villa Holidays Plc CA 23-Oct-2007
The claimant sought damages from the tour operator after he suffered a head injury resulting in incomplete tetraplegia after diving into a shallow swimming pool in the early hours of the morning in a resort in Greece while on a tour run by the . .
Cited – Kosmar Villa Holidays Plc v Trustees of Syndicate 1243 CA 29-Feb-2008
The court considered the difference between waiver by election and waiver by estoppel. Rix LJ said: ‘election is the exercise of a right to choose between inconsistent remedies’ and ‘generally requires knowledge of all the facts giving rise to the . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Insurance
Updated: 07 May 2022; Ref: scu.251544
