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Clough v First Choice Holidays [2006]

Facts

  • First choice holidays had assumed liability for guests, including Clough
  • Clough, after 6 pints of lager, slipped and injured himself severely, claiming that the paint he slipped on was slippy

Issue

  • Could damages be awarded under the Fairchild ruling, which meant full damages, rather than apportioned damages

Decision

  • No

Reasoning

  • Fairchild should be reserved for mesothelioma cases only, and in any case, the paint was not slippy
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