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UK: Railways Act

Railways Act 2005

This wound up the Strategic Rail Authority, transferring most of its functions to the Department of Transport and some to the Scottish Government and to the Welsh Assembly Administration. Safety provisions in relation to the railways were transferred from the Health and Safety Commission and Executive to the Office of Rail Regulation.

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Scotland: Carriage By Road

Cheeseman v International Travel Services Ltd. [2008] Rep. LR 66

C booked a coach holiday excursion with X. The excursion was organised by X through sub-contractor V, which supplied the coach. C tripped on board the coach and sustained a fractured ankle. The cause was a defect in the carpet. C argued that X had accepted liability for transport suppliers under the terms and conditions of the contract.

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England: Sexual Orientation Discrimination

English v Thomas Sanderson Blinds Ltd. [2008] EWCA Civ. 1421

E, a married man, had a contract of services with T for 9 years. He claimed that he had been subjected to homophobic banter over the years. It arose because a colleague had discovered that he had attended a private boarding school. In fact E was not gay and he didn’t think that his colleagues that engaged in the banter thought that he was. Nonetheless, he claimed that he had been subject to harassment on grounds of sexual orientation.

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England: Article 17 of the Montreal Convention

Barclay v British Airways PLC [2008] 1 Lloyds Rep. 661

B was flying from Phoenix to Heathrow. She slipped on a plastic strip embedded in the floor of the aircraft as she was making her way along a row of seats to her own seat. She claimed under the provisions of the Montreal Convention. BA claimed that she had failed to establish that she had sustained her injury as a result of “an accident” on board the aircraft. The Convention required that what happened had to be more than a mere event or occurrence and the accident and the injury had to be separate things.

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England: Hot Air Balloon - Carriage By Air

Laroche v Spirit of Adventure (UK) Ltd [2008] EWCA Civ. 12

The court held that there was no logical reason to hold that a hot air balloon was not an aircraft for the purposes of the Carriage by Air Acts, which implements the Montreal Convention in the UK. A hot air balloon is designed for the carriage of passengers and thus any claim made for injury must be made within the framework of the Carriage by Air Acts.

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England: Occupiers' Liability Act

Tysall Ltd v Snowdrome, 28 July 2006.

T was injured on S’s premises whilst tobogganing. T set off sequentially with four others from the top of the slope. 50 metres down the slope there was a bend where one had to change direction and perform a 90 degree left hand turn. T’s toboggan struck the outside barrier and she fell off. She was struck by one of the four that were following her and she sustained injuries to her left ankle and thigh.

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England: Travel Agent's Duty of Care

Crosby v Fleetwood Travel [2007] CLYB 2127

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England: Hotel Contract

Bedford v TUI UK Ltd. (Trading as Austravel) 12 October 2006.

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Package Holiday Case

Bellinger v TUI UK Ltd. [2007] CLYB 2125

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Regulation on Compensation and Assistance for Air Passengers is valid

The International Air Transport Association (IATA) and the European Low Fares Airline Association (ELFAA), which represents the interests of 10 low-fare airlines from nine European countries, contested the United Kingdom’s implementation of the regulation before the High Court of Justice of England and Wales. They raised before the High Court questions concerning the validity of the regulation, in particular of the provisions relating to cancellations, delay and compensation. The High Court referred those questions to the Court of Justice of the European Communities.