Court of Appeal re-emphasises the need for evidence of local standards in cases brought under the Package Travel, Package Holidays and Package Tours Regulations 1992.
On 27 November 2014, the Court of Appeal handed down judgment in Lougheed v On the Beach Limited  EWCA Civ in which I acted for the Appellant. The claim arose out of a slipping accident which took place in Spain. At first instance the Defendant had been found liable for the accident notwithstanding the absence of any evidence of local standards, because its hotelier had conceded that floors ought not to be left in a wet condition. The appeal succeeded on the grounds that the trial judge had wrongly relied on the evidence of the hotelier as evidence of local standards, and, distinguishing Ward v Tesco Stores  1 WLR 810, that the trial judge was wrong as a matter of law to find that the Defendant bore any evidential burden of proof in the particular case.