The appellants had booked a holiday, relying upon the brochure produced by the respondents. On the date of the hearing, the plaintiffs arrived early. They claimed to have told the representative of the defendant that they would leave but return before the expected hearing time. They came back early, but the case had come on, and their case had been dismissed. The defendant gave a differing story.
Held: The court had a discretion before ordering re-instatement to consider the merits of the claim. Here, the misrepresentation alleged was not sustainable, and in view also of the small amount, leave to re-instate the case was denied.
Citations:
[1998] EWCA Civ 573
Statutes:
Package Travel Package Holidays and Package Tours Regulations 1992 (1992 No 3288)
Jurisdiction:
England and Wales
Litigation Practice
Updated: 14 November 2022; Ref: scu.144051
