The court held that:(1) the hotel manager could adduce evidence of local law standards. Evidence does not need to only be given by expert witness in the form of a report and subject to the court's permission. An appropriately experienced and qualified individual can adduce evidence without professing expertise in the field; and(2) it would be inappropriate to impose an evidential burden on the defendant, a travel agent of a tour operator who has no control over the management of the hotel at which the customers are staying, unless it is shown that the party for whose performance it is liable knew of:(i) the likelihood of the presence of a hazard such as a spillage; and(ii) the danger to consumers which the hazard posed if not dealt with promptly. In the present case (i) was not established and the defendant did not bear the evidential burden.
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2014/1538.html
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