TATLA Newsletter July 2019

If, like me, you spent 7 hours on a train without air conditioning on the hottest day of the year (see, “Travel Chaos” across all media), you will have had ample time to skim the decision (if properly so-called) of the Supreme Court in X v Kuoni [2019] UKSC 37 (published 24 July 2019). If you have not yet been able to catch up, then I can save you the trouble: “we don’t know the answer, we had better ask the CJEU.” We may return to this case law in later editions or we may, like the Supremes, wait for the CJEU to tell us the answer.

This Newsletter takes us back to that perennial favourite: the local safety standards defence. I recall that, some years ago, Alan Saggerson (late of this Parish) wrote an article on the same topic (following his successful defence at Trial of a number of slipping-in-bathroom cases). The Saggerson article was entitled, “A Slip in the Shower can be Quite Continental, but Grab Rails are a Girl’s Best Friend.” I hope that you enjoy Ella Davis’ case note (below) and, if you are heading away this Summer, may all your journeys be on spacious, air-conditioned, well-staffed and on time trains and planes …

TATLA Newsletter July 2019