0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Duffy v First Choice Holidays & Flights Limited

12 July 2000
The issues

Toxocosis – Food Poisoning On Holiday

The facts

The Claimant, aged 23 at the date of infection and 25 at Trial, booked a fortnights honeymoon with F, a tour operator in the Dominican Republic. Two days after arrival she developed central abdominal pain associated with watery stools every 30 minutes. Medication prescribed by a local Doctor led to vomiting and there was also difficulty giving intravenous and intra-muscular injections. The diarrhoea and cramps continued severely for 48 hours, then gradually subsided taking about 4 weeks until she was fully recovered. During the height of the illness, she felt feverish and then anorexic. She lost Ω stone in weight and was restricted to a bread and water diet. Medical evidence concluded that she suffered acute gastro-enteritis, more likely due to infection with enpero-toxigenic eschericia coli, the commonest cause of traveller diarrhoea. The most likely source was from contaminated drinks, either ice or the glasses in which the drinks were served.

The decision

The Claimant was successful and awarded £1,500.00 which took into account disappointment and distress for the spoiled honeymoon and damages for the diminution in value of the holiday.

Focus on...

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.

View

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up