Several recent developments which are likely to affect the ultimate policy outcome for motor insurance law in the UK should be noted, namely the ongoing REFIT legislative process and the recent cases BTA Baltic Insurance and Cameron v Hussain.
The question in this case is the extent of tour operator liability for acts of employees of its suppliers. The claim arose as a result of the rape of the claimant by an employee of the hotel which had contracted with the defendant tour operator to provide holidays for the latter’s customers.
The orthodox answer to this question is no, on the basis that it is the peculiarities of the facts which give rise to the outcome, rather than any new legal approach. In two decisions this week in the tort of negligence, the clinical claim Darnley in the Supreme Court and the vicarious liability claim Bellman in the Court of Appeal, the higher Courts worked from the initial findings of fact and applied the existing law to them to drive different outcomes from those reached in the courts below.