Sri Lanka Holiday Sexual Assault Victim Step Closer To Justice Following Supreme Court Judgment
The Supreme Court is set to ask the Court of Justice of the European Union for guidance as a British woman brings a legal challenge against tour operator, Kuoni Travel Ltd, as she seeks support following a sexual assault whilst on holiday.
The woman, who cannot be named for legal reasons, was sexually assaulted whilst on holiday by an on-duty hotel employee who had said he would show her back to her room at the resort in Sri Lanka.
She instructed the specialist International Serious Injury team at Irwin Mitchell to take her case to the Supreme Court as it seeks to determine whether Kuoni Travel Ltd is liable for the attack and so that she can seek expert help in putting the incident behind her.
The Court of Appeal previously ruled in the tour operator’s favour on the three main facets of the case, but following a hearing in April the Supreme Court has now ruled that there is a case for the travel company to answer. The Supreme Court will now ask the CJEU to clarify the law on two points of the case - including whether the employee can be considered a supplier of the package holiday contract.
Expert Opinion"The horrific incident which took place on her holiday in Sri Lanka with Kuoni has had a severe impact on our client. We are seeking to recover appropriate funds to compensate her for the horrendous experience she has been through and to try and help her move on from what happened to her.
"Today’s judgment from the Supreme Court means that our client has taken the next important step towards receiving the support she needs and deserves and achieving what she believes to be a fair result.
"We will now prepare to take the case to the CJEU to seek further clarification as we continue to pursue justice for our client.” James Riley - Solicitor