Journal Articles Listed latest first
‘Good Night, Sleep Tight, Don’t Let the Bed Bugs Bite’: Hotel Liability for an Old Scourge
As a result of a resurgence in the numbers of bed bugs there now are nearly a dozen reported court cases in which a hotel has been sued for bed bug injuries. This article examines these decisions and then suggests a simple means for analysing a hotel’s exposure in a bed bug case.
A Cruise Passenger’s Stateroom is his Castle But US Customs Agents Can Search it Without a Warrant
In US v. Whitted, a federal appeals court resolved “a [US constitutional] question of first impression” by deciding that Customs agents must have “reasonable suspicion” to justify a border search of a passenger cabin aboard a cruise liner arriving in the United States from a foreign port. While “reasonable suspicion” is well below the usual standard of proof required for a search of protected areas (a search warrant or probable cause), the court reasoned that the rule would provide sufficient latitude to law enforcement officials to pursue those using cruise ships in illegal narcotics trafficking while protecting innocent passengers from intrusions on their privacy.
A Lot of Hot Air
This article discusses the case of Laroche v Spirit Of Adventure (UK) Ltd [2009] EWCA Civ 12. 21st January 2009 in which the claimant was injured when the hot air balloon in which he was being carried crashed. The case turned on the issue of whether the hot air balloon was an aircraft for the purposes of the Warsaw Convention and if so whether proceedings had been issued within the relevant limitation period.
A Primer on Litigation Issues Involving Foodborne Illness
by James Eiler
This article provides an overview of litigation issues concerning foodborne illness and environmental toxins
A Ridge Too Far
by John Bates
This case comment discusses the case of Anderson v Lyotier and Lyotier in which the claimant was injured when skiing off piste in the French Alps under the supervision of a ski instructor. It concerns the standard of care to be exercised by an instructor when supervising a group of skiers of mixed abilities. The issue of contributory negligence is also examined.
A Sting in the Tail - The Recent Decision of the European Court of Justice in Walz v Clickair
by Jack Harding
This article reveals that a decision on the Montreal Convention which appears on the face of it to be favourable to airlines may have adverse consequences.
ABTA Guidance on Denied Boarding Compensation
This article provides a practical overview of the law on denied boarding, cancellations and long delays
ABTA Guidance on Money Laundering
Travel Agencies that offer a Bureau de Change service are particularly vulnerable to money laundering activities. ABTA have again very kindly provided us with their guidance note for members on this tricky area of law and business. This is the first on a series of finance and fraud prevention pieces.
ABTA Guidance: ABTA’s response to the European Commission’s Review of the Package Travel Directive
This article provides a brief overview of ABTA’s response to the review of the Package Travel Directive being undertaken by the European Commission.
ABTA Guidance: Security in the Workplace
This article contains guidance issued by the Association of British Travel Agents to their members on how to provide staff with a safe and secure working environment
