Home > Japp v Virgin Holidays Ltd [2013] EWCA Civ 1371

Japp v Virgin Holidays Ltd [2013] EWCA Civ 1371

In 2008, whilst on holiday in Barbados, the claimant suffered personal injuries when she walked into a closed glass balcony door. She brought a claim for damages for personal injury against the defendant tour operator, Virgin Holidays Ltd (Virgin). At the heart of the issue were local standards and, in particular, the Barbados National Building Code, 1993 edition. The judge, accordingly, gave judgment in favour of the claimant (subject to a 20% deduction for contributory negligence) in the sum of 19,200. Virgin appealed against the judge's finding of liability. The Court of Appeal, Civil Division, in dismissing the appeal, held amongst other things, the judge had been entitled to accept expert evidence that the code represented local standards at the time the hotel had been constructed.