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

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

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).


Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.


Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.


Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.


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