In a recent case brought against Surrey-based Qwerty Travel, Lord Justice Tomlinson overturned a previous District Court ruling from February last year that Qwerty Travel had not sold a package to customer Sean Titshall in 2006.
While on holiday in Corfu Titshall was injured after a glass patio door in his room shattered. Although the exact circumstances of how the door had come to be broken were contested, Titshall claimed Qwerty Travel was liable because it had sold him a package.
An original hearing at Dartford County Court found in favour of Qwerty Travel that the holiday, sold to Titshall via an advert on Teletext, was sold as discreet component parts for an aggregate price.
A previous High Court case ABTA brought against CAA directives in what constitutes a package holiday had ascertained a package is not created if the components of a holiday are sold separately and for the sum of their individual prices, like the ingredients of a meal bought in a supermarket.
But Lord Justice Tomlinson said he did not agree with the original judgement in this case, saying he believed the components were not sold separately but as part of a pre-arranged combination or package.
Click here to read the Court of Appeal report.