THE IMPACT ON TRAVEL CLAIMS AND LITIGATION IN THE UK 317 likely to have difficulties in defending claims of this nature. So far, no doubt for jurisdictional reasons, no such claim has been issued in the English courts; but that is not to say that a claim could not be brought against a British resort framed in much the same way as the Austrian claim. Conversely, an island to the south of South Korea is suing a pair of tourists for going there on holiday when they ought to have been in quarantine. Jeju Island, which is a popular holiday destination for South Koreans, was visited by the mother and daughter, on 20 March, despite the daughter having just returned from Boston, USA, and having been advised to remain in quarantine and not to travel. On 21 March, the daughter began to experience symptoms of COVID19, but the pair remained on the island for four more days, before returning home to Seoul. During that time, they came into contact with an estimated 47 people at 20 different locations. On their return, they tested positive for the virus, and, as a consequence, it was necessary for those with whom they had come into contact to self-isolate and for several businesses to close. The proceedings were brought by the Province of Jeju, by some of the residents who have had to be quarantined and by two businesses which closed due to potential contamination by the women. The Claimants based their cause of action on the younger woman’s failure ‘to uphold her duty as a member of the community’, and on her mother’s active encouragement of the holiday. If a Patient Zero can be identified for an outbreak aboard a cruise ship or in a particular hotel, such as the H-10 Costa Adeje Palace hotel in Tenerife, which suffered an outbreak in February 2020, after being visited by an Italian guest carrying the virus, could proceedings seeking damages be brought by the cruise operator or hotel owner? In the author’s view, they could, provided the person in question had reason to believe that he or she was unwell, but did not take reasonable steps to prevent the spread of infection. If any enterprising UK cruise or tour operators did take this step, however, the consumer would, of course, have to be sued in the courts of his or her domicile. Furthermore, the English courts would be likely to be very resistant to any such proceedings, which might well be considered to be contrary to public policy, being difficult to prove causation. However, it remains a theoretical possibility.
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