Practice areas

Litigation

The highly experienced Litigation team here at Travlaw understands the difficulties you face in handling claims, whether that is fighting off consumer or personal injury claims, or commercial claims against UK or overseas suppliers.

There is certainly a ‘compensation culture’ so whether it is a small claim or a larger case we have the experience and know-how to help. Our dedicated team has handled thousands of such cases down the years and is regularly instructed by companies, their in-house counsel, their brokers and insurers. Defending personal injury claims is a particular speciality and we have a proven track record of winning at trial.

Our expertise includes the following:-

  • Accidents with glass doors, to trips or slips on floors;
  • Incidents in swimming pools;
  • Vehicle crashes;
  • Individual food poisoning complaints and mass outbreaks, including on cruises;
  • Large group actions
  • Catastrophic injuries

For many years we have specialised in assisting and supporting clients in disputes, small and large, with their commercial partners and suppliers. Whether it is a recovery action against an overseas supplier gone rogue, a communications or IT contract here in the UK or anything else, we have the knowledge and expertise to guide you to a successful result.

Trading Standards

Our team has a wealth of experienced in dealing with trading standards matters relating to the holiday and leisure industries. We keep our finger on the pulse of what has been happening in these fields during a time when governmental funding cuts have meant a dip in activity. However, it is hard to understate the importance of making sure you are properly represented should an authority come knocking.

When instructing Travlaw on litigation issues you can receive:

  • A best in class service from the team. Your point of contact will be available, on your terms, so you are always confident in being able to speak to someone.
  • A detailed risk assessment and advice on reserve;
  • A very competitively priced service;

Where settlement is appropriate, we move to this to save costs as quickly as possible including the use of mediation or arbitration where necessary – holding your hand throughout, if needed;

  • Applications to Court;
  • Recommendations and instruction of a properly chosen qualified expert witness.

What’s more, as founding members of International Travel Law Network (ITLN), when, as is increasingly the case, there is a need for legal help overseas, we have access to our excellent range of partner members in the most common countries our clients face problems in.

We handle the vast majority of cases without the expense of instructing counsel however should you need to instruct counsel, we will recommend the best in the business who share our commitment to getting the right results for you.

Here are just some of the cases we have been involved in down the years:

Kemp v Intasun (1987) 2 FTLR 234 (CA)

Still good law despite being over 30 years ago, is authority that a Tour Operator will not be liable for losses such as those caused by asthma if they were not made aware of the condition by the consumer.

Mawdsley v Cosmosair Plc 2002] All ER (D) 129 (Apr)

An appeal case dealing with whether liability can attach to a tour operator following a miss-description in a brochure.

Murphy v JMC Holidays (2003) Ashford County Court – 14 February 2003

First instance case where Travlaw secured a 50% liability finding against the claimant parents on the basis that they were equally to blame for an accident.

Warburton v JMC Holidays (2003) Unreported, Preston CC, HH Judge Appleton

County Court appeal case which confirmed that any reasonable consumer would and should know that holiday bookings will have some form of terms & conditions associated with them.

Drabble v Sunstar Leisure (2008) EWCA Civ 1062

Appeal case in which the Claimant’s assertion that it was for a Defendant to prove local standards was rejected by the Court.

Milner v Carnival Plc t/a Cunard, [2010] EWCA Civ 389 20/04/2010

Still the leading case on assessment of damages in holiday case.

Emma Moore v Hotelplan Limited t/a Inghams and Mr Adriano Tantera. [2010] EWHC 276 (QB)

A personal injury claim where the paraplegic claimant sued for over £4m GBP. Travlaw secured a 30% finding of contributory negligence and mounted a successful recovery of the payable damages from the tour operator’s supplier. The leading authority on excursions sold in resort.

Clarke v Inghams & one other (2013) Manchester County Court, October 2013

Significant skiing accident in which Travlaw successfully defended the claim against the tour operator and implemented an onward claim against a ski-arranger as a fall-back position.

Lougheed v On the Beach (2014) EWCA Civ 1538

Court of Appeal case which re-affirmed the importance of the Claimant adducing evidence of local safety standards in the context of package holiday claims. Now the key authority on “local standards.”

Noble Caledonia v Air Niugini

Malhi v Expedia 207

High value Quad bike case defeated at trial

For further information contact Matt@Travlaw.co.uk or Stephen@Travlaw.co.uk