Statements of Case
| Author | Matthew Chapman/Sarah Prager/Jack Harding/Dominique Smith/Thomas Yarrow/Henk Soede |
| Pages | 591-641 |
Chapter 13 Statements of Case
13.1
Claim Form In the
County Court
Claim No:
PACKAGE TRAVEL CLAIM
SEAL
1.
2.
3.
Claimant(s)
1.
2.
3.
Defendant(s)
BRIEF DETAILS OF CLAIM
The Claimant’s claim is for damages for breach of a package travel contract pursuant to regulations 15 and 16 of the Package Travel and Linked Travel Arrangements Regulations 2018 (‘the Package Travel Regulations 2018’) and for interest on damages pursuant to section 69 of the County Courts Act 1984. Full particulars are given overleaf, in respect of an accident on 15 July 2021 in Polis, Greece.
The value of this action will not exceed £25,000.00.
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Defendant(s) name and address: Court Fee
Solicitor’s Costs To be assessed
Issue Date
Claim No:……………………
Does, or will, your claim include any issues under the Human Rights Act 1998?
Yes Ƒ No Ƒ
PARTICULARS OF CLAIM
1. The Defendant(s) supplied a package holiday to the Claimant:
Between
At
In
For a price of
The price included
[state the dates]
[name the hotel or accommodation]
[identify the country, region and/or resort]
[state the inclusive price paid for holiday]
[specify what was included in the holiday price paid before departure]
Outbound date: Return date:
Name:
Rating in brochure:
£
Delete any inappropriate components
(a) Accommodation
(b) Return transport by air/sea/rail
(c) Airport transfers by coach/car/other
(d) Pre-paid excursion(s) called: …………………………………… ……………………………………
(e) Other features: Ski-packs/equipment hire Tours
Leisure park entry
Car hire
Shuttle transport Others/specify: ………………………………… …………………………………
2. By reason of regulations 15 and 16 of the Package Travel Regulations 2018 the Defendant(s) is liable for the proper performance of the package travel contract and for any damage caused by any lack of conformity with the contract (whether the contract was performed by the Defendant(s) or agents, suppliers, subcontractors or other travel service providers).
3. The package travel contract included the following express or implied terms:
a. The holiday would be provided as described in the holiday brochure and/or promotional material;
b. The facilities and services comprising the holiday would be of a reasonable standard and commensurate with the holiday description;
c. The services and facilities comprising the holiday would be delivered with reasonable care and skill.
4. In breach of contract the holiday was not supplied as described and/or failed to reach a reasonable standard and/or the services and facilities were not supplied with reasonable skill and care.
PARTICULARS
Complaints about accommodation (a)
(b)
(c)
Complaints about food/drink (a)
(b)
(c)
Facilities/services promised but not provided or provided badly (say why)
(a)
(b)
(c)
Complaints about transport (a)
(b)
(c)
Complaints about staff (a)
(b)
(c)
Other complaints – give brief details (a)
(b)
(c)
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5. As a result of the facts and matters stated above the holiday was worthless or worth significantly less than the price paid and the Claimant suffered loss of enjoyment, anxiety and distress. The claim includes claims for damages for:
a. Diminution in the value of the holiday;
b. Loss of enjoyment:
Special feature Tick Comment (optional)
(a) Wedding
(b) ‘Honeymoon’ or second ‘honeymoon’
(c) Special birthday
(d) Anniversary
(d) Retirement
(f) Sports and recreation
(g) Once in a lifetime holiday
(h) Others – give brief details:
c. Expenses incurred as a result of the breaches of contract:
Item Amount Comment
Taxis £
Other transport £ Details:
Food £ Give reason why cost incurred:
Drink £
Clothing £ Specify what:
Cleaning materials £ Explain what:
Alternative accommodation
£ Specify where:
Alternative activities £ Specify what:
Other expenses £ Give brief details:
6. Interest is claimed pursuant to section 69 of the County Courts Act 1984:
a. On damages for diminution in value from the date the holiday was paid for [date…….] and on expenses from the date the holiday ended [date…….];
b. On damages for loss of enjoyment from the date of service;
c. All interest is claimed to the date of judgment or sooner payment.
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7. The following copies of documents are attached to this Claim Form and Particulars of Claim:
Copy document Tick
Confirmation invoice
Payment receipt
Photocopy of relevant brochure page(s) [number……………………………………………………..]
Itinerary
Letter of Complaint [dated………………………………………………………..]
Reply from Defendant [dated……………………………………………………..…]
Photograph(s)
[state how many…………………………………..…….…..]
Other(s) [specify……………………………………….……………..]
STATEMENT OF TRUTH [delete as appropriate]
I understand that proceedings for contempt may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. I believe that the facts stated in this Claim Form are true/The Claimant believes that the facts stated in this Claim Form are true and I am duly authorised by the Claimant to sign this statement.
Signed………………………………………………..………………………..[claimant or litigation friend if the claimant is a minor or patient] [claimant’s solicitor].
Full name…………………………………………………………………………………..
Name of Claimant’s solicitor’s firm………………………………………………………
Position or office held [if signing for a company].
Claimant’s or Claimant’s solicitor’s address to which documents should be sent including [if appropriate] details of fax, DX or email.
IN THE COUNTY COURT AT THE MIDLANDS Claim No. […] BETWEEN
EDWARD CASAUBON
Claimant
CHETTAM ECCLESIASTICAL TOURS LIMITED
PARTICULARS OF CLAIM Slippers and Trippers
1. The Claimant was, at all material times, a ‘traveller’ within the meaning of regulation 2(1) of the Package Travel and Linked Travel Arrangements Regulations 2018 (‘the Package Travel Regulations 2018’). The Defendant is and was at all material times a limited company engaged, among other things, in the sale and supply of package holidays to members of the general public.
2. The Claimant and his wife, Mrs Dorothea Casaubon, entered a contract with the Defendant for a 7-night holiday – ‘Finding the Key to all Mythologies’ – in Rome, Italy (Booking Reference No. CETL). Accommodation was provided on a bed and breakfast basis at the Hotel Middlemarch (‘the Hotel’). The total cost of the holiday for the two members of the Claimant’s party was £500.
3. The Claimant’s holiday was provided pursuant to a ‘package travel contract’ within the meaning of regulation 2(1) of the Package Travel Regulations 2018 and was, accordingly, regulated in accordance with the 2018 Regulations.
4. Further, the parties’ contract was subject to the following express or, alternatively, implied terms:
a. That the accommodation, facilities and services at the Hotel would reach a reasonable standard;
b. That the Defendant accepted liability in respect of personal injury sustained by its consumers where caused by the negligent acts and/or omissions of its employees, agents, suppliers and/or subcontractors.
[The Claimant reserves the right to refer at trial to the Defendant’s Booking Conditions in respect of the said contractual terms.]
5. Further or alternatively, it was an implied term of the parties’ package travel contract that the Defendant would exercise reasonable care and skill in the provision of holiday services so as to ensure the reasonable safety of the Claimant.
13.2
and
Defendant
598 Saggerson on Travel Law and Litigation
The said term falls to be implied by reason of section 49(1) of the Consumer Rights Act 2015.
6. On or about 14 August 2021 and at around 12 noon the Claimant and Mrs Casaubon rose late and made their way down from their third floor room at the Hotel for a late breakfast (they intended to spend the rest of the day conducting research in the Vatican library). The restaurant was on the ground floor. There was a hotel lift, but it worked intermittently and the Claimant and Mrs Casaubon made use of the stairs instead. The stairs had a marble finish and there was a handrail. The Claimant was wearing flip-flops.
7. As the Claimant reached the last 4 steps his feet suddenly and unexpectedly gave way beneath him and he slipped down the final steps before landing on his feet in reception. The Claimant then noticed that the steps were wet.
8. A Hotel cleaner, who was standing in the vicinity with a mop and bucket, had just cleaned the stairs and had left them wet. There was no warning signage in place in any language (the Claimant has equal facility in ancient and modern tongues). By reason of the accident the Claimant sustained injury which is more fully described below.
9. The accident was reported to the Defendant’s local representative and an Incident Report Form, dated 16 August 2021, was compiled by Rosamond Vincy. The report form states as follows:
Hotel cleaner has just mopped the steps when the customer slipped and landed on his feet. ... Hotel cleaner mopped the steps in reception and customer slipped on the wet step as he walked down the stairs. Customer has been experiencing lower back pain since the incident.
10. The same Incident Report Form also indicates:
a. That the Claimant was not under the influence of drugs or alcohol at the time of the accident;
b. That the hotelier does not use wet floor signs;
c. That wet floor signs were not in place at the time of the accident;
d. That the relevant floor area was not non-slip.
11. For the avoidance of doubt, the Claimant’s case is that:
a. For the reasons set out below, there has been a breach of the local, Italian, safety standard; and, further or alternatively
b. There has been a breach of a general standard of reasonable care of the kind referred to by Richards LJ in Evans v Kosmar Villa Holidays Plc [2007] EWCA Civ 1003, [2008] 1 WLR 297 and by Marcus Smith J in TUI UK Limited v Morgan [2020] EWHC 2944 (Ch), [2021] PIQR P12.
12. The accident was caused by the...
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