Kiran Birdi

Kiran Birdi

Senior Associate London, United Kingdom

Qualifications

  • She qualified in England and Wales in 1995

Kiran is a Senior Associate based in Kennedys London office. She has over 20 years’ experience acting for defendant insurers and 18 years’ experience as a travel lawyer.

She represents insurers, tour operators and travel agents. Kiran is instructed by both large and specialist tour operators. She has expertise in dealing with a range of personal injury claims arising from activity holidays, such as skiing and mountaineering. She has successfully defended claims arising from excursions abroad, including hot air ballooning and quad biking. Kiran handles routine slips and trips and more complex claims resulting in head and spinal injuries, as well as fatalities, rape claims and claims involving minors. She regularly advises clients on contractual issues and liability under principal/agent.

Kiran has successfully pursued recoveries and contribution claims against hoteliers and third parties outside the jurisdiction.

She provides emergency crisis support to tour operators.

Kiran’s notable cases include Jay v TUI UK Ltd [2006] where TUI was found not liable in negligence for a latent defect in a catamaran mast which broke during an excursion in Barbados, causing the claimant spinal injuries. It was held that TUI did not extend their contractual liability under their booking terms and conditions to the manufacturers of the defective mast.

She successfully defended Parker v TUI Ltd [2009] in the Court of Appeal, where TUI were found not liable in contract for a tobogganing excursion in Austria where the claimant was found to have contracted directly with the excursion operator. In tort, TUI assumed responsibility by supervising the event, although there was no breach of duty.

 

Work highlights

  • Shearer v TUI UK Ltd [2017] – a heavy glass patio door in a villa in the Maldives fell and caused the claimant serious injuries. The court accepted the defendant’s local standards evidence in respect of the operation and construction of the villa doors and the claim was dismissed.
  • Hurley v TUI UK Ltd [2014] – TUI found not liable when a claimant sustained a broken neck and head injury due to a hotel water slide in Egypt that was alleged to have a design fault. The judge accepted the evidence of TUI’s engineering expert that the slide conformed to the relevant standard.
  • (A minor) v TUI UK Ltd [2015] – successfully defended a £500,000 claim from a minor arising while under ski tuition in Austria.
  • Bertenshaw and others v TUI UK Ltd [2012] – obtained a £345,000 recovery against a global hotel chain arising from a sickness class action.