Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Damages definition

What does Damages mean? In legal practice, damages are a money award ordered by a court to compensate a claimant (England & Wales, Northern Ireland) or pursuer (Scotland) for loss caused by breach of contract, tort/delict or a statutory wrong. The remedy is developed mainly by case law across the UK and Ireland, with some statutory modification. The aim is primarily compensatory: in tort/delict, to put the person in the position they would have been in but for the wrong; in contract, to protect the expectation interest (and sometimes the reliance interest). Heads of loss include general and special damages (common in personal injury),...

Package holiday food poisoning claims: proving breach and illness, causation, evidential issues, package scope, and the Pre-Action Protocol

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This Practice Note outlines the principal points and considerations to bear in mind when seeking Damages for losses arising from food poisoning under the:

Package Travel, package holidays and Package Tours Regulations 1992 (1992 Package Travel Regs), SI 1992/3288 (covering package holidays sold or offered for sale on or after 31 December 1992 up to 30 June 2018), or
Package Travel and Linked Travel Arrangements Regulations 2018 (2018 Package Travel Regs), SI 2018/634 (applying to packages sold on or after 1 July 2018)

A copy of the 1992 Package Travel Regs can be accessed here for reference if required:

For general guidance on package holiday claims, also see Practice Note: Package holiday claims for context.

Proving Breach of contract

Although the claim is brought against the tour operator under the 1992 Package Travel Regs, SI 1992/3288, reg 15, or the 2018 Package Travel Regs, SI 2018/634, regs 15 and 16, it is now widely recognised that there is no need to prove any breach of local standards—see Kempson & Kempson v First Choice Holidays & Flights Limited (7 June 2007), Birmingham County Court (not reported by LexisNexis®). In that decision, the court applied the principle under the sale and...

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James Candlin

12 King's Bench Walk

James is a Specialist Personal Injury practitioner. Interest in foreign jurisdictional and international law issues since called to Bar of Bermuda 1994-1998. Science degree prior to qualification. Interest in scientific causation issues such as haemolytic uraemic syndrome, ulcerative colitis, arthropathy in aftermath of overseas illness. Group food poisoning, legionella and other major novel infectious/pathogen claims such as listeriosis, ciguatoxin poisoning and scombroid/histamine reactions. Numerous overseas catastrophic RTA spinal and brain injury and Safari related claims as well as sexual assault claims, foreign Barème type quantifications, jurisdictional and overseas Defendant recovery, service and joinder questions. Involved in long running occupational stress trial in Royal Court Jersey 2024/25....

Web page updated on 21/05/2026

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