Kerr (Bronagh) v Thomas Cook Tour Operations Limited
| Jurisdiction | Northern Ireland |
| Judge | Maguire J |
| Judgment Date | 2015 |
| Neutral Citation | [2015] NIQB 9 |
| Date | 22 January 2015 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2015] NIQB 9 Ref: MAG9499
Judgment: approved by the Court for handing down Delivered: 22/01/2015
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
Between:
BRONAGH KERR
Plaintiff;
-and-
THOMAS COOK TOUR OPERATIONS LIMITED
Defendant.
________
MAGUIRE J
Facts
[1] In this case the Plaintiff, who is now aged 32 years, sues the Defendant for
damages for breach of contract, breach of statutory duty and negligence arising out
of a package holiday she contracted for at the Iberostar Chich Khan Hotel, Yasmine
Hammamet, Tunisia (“the hotel”).
[2] The facts are not significantly in dispute between the parties and the court
finds them to be as follows. On 1 April 2010 the Plaintiff attended one of the
Defendant’s retail premises in Belfast. She indicated that she was interested in a
holiday and was recommended one at the hotel. The holiday was for one week and
the Plaintiff and her partner were both to travel. In the brochure the hotel was
described as part of the Defendant’s “Style Collection” and was indicated to have a
four star rating.
[3] On 16 June 2010 the Plaintiff and her partner travelled to Tunisia and the
holiday started. Unfortunately, just a few days into the holiday, on 19 June, the
Plaintiff was attacked while she was in the hotel grounds by a cat which jumped out
at her from a bush, scrabbing and biting her right lower leg, which was uncovered as
she was wearing shorts. After the attack the cat disappeared into the bushes. The
injuries received which consisted of deep cuts and scratches required immediate
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1 cases
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Kellett v RCL Cruises Ltd
...a proper case in which to draw an inference, without more, of a lack of proper care.’ 33 In Kerr v. Thomas Cook Tour Operations Limited [2015] NIQB 9, the court had to determine whether the travel agent was liable when the plaintiff was attacked by a cat in the grounds of the hotel in whic......
2 books & journal articles
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Table of Cases
...Ex 1, 24 LTOS 97, 19 JP 39, 1 Jur NS 19, 3 WR 25, 156 ER 499 8.23 Table of Cases xxix Bronagh Kerr v Thomas Cook Tour Operations Limited [2015] NIQB 9, [2015] 1 WLUK 442 5.44, 5.96 Browne v Brandt [1902] 1 KB 696, 71 LJKB 367, 86 LT 625, 50 WR 654, 18 TLR 399, 46 Sol Jo 339, DC 8.19 Brownli......
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Liability for Lack of Conformity
...of Liability Clause’. 46 Craig Hurley v TUI UK Limited [2014] EWHC 4774 (QB). 47 Bronagh Kerr v Thomas Cook Tour Operations Limited [2015] NIQB 9. 156 Saggerson on Travel Law and Litigation 5.46 It is very common to find in the small print of any travel brochure a provision along the follow......