The Travel and Leisure Law People

Litigation

‘Make use of our expertise. We can show you the way’

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

We can act in a number of functions, whether it is representation, assistance or just support. Here are the usual issues our clients contact us on:

A customer is suing me!

We think we know the answer to whether there is a “compensation culture” – there most certainly is! 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 are regularly instructed by companies, their in-house counsel, their brokers and insurers. Defending personal injury claims are a particular speciality and we have a fine habit and tradition of winning at trial – see the below.

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

I am in a dispute with a supplier or other company!

For many years we have specialised in representing 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 comms or IT contract here in the UK or anything else, we have been there, done that and bought the T-shirt at the end of a successful campaign.

I am being prosecuted by Trading Standards!

You will find no more experienced team in the UK at dealing with trading standards matters relating to the holiday and leisure industries. We have kept 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 important of making sure you are properly represented should an authority come knocking.

A member of staff is suing me!

Our Litigation team works in conjunction with our highly specialised Employment team to form a formidable unit when it comes to claims for unfair dismissal, constructive dismissal and so on.

See our sister site www.Travlaw-HR.co.uk for more details or contact us using any of the below details.

What You Can Expect

When instructing Travlaw on litigation issues you can receive (depending what service you have requested from us, of course!):

  • A best in class service from the team. Whoever is 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 of and instruction of a properly chosen qualified expert witness.

What is more, as founding members of International Travel Law Network (ITLN), www.ITLN.co.uk 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, but, if counsel is essential, we will recommend and instruct the best in the business who share our commitment to getting the right results for you.

Still not convinced? 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 nearly 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 missdecription 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.

  • Oczerklewicz v Latesearch UK Ltd (2009), 8th May 2009, Wigan CC

An early application of the CAA v ABTA principles dealing with when a company is an agent for individual principals.

  • 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 operators supplier.

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

Significant ski-ing 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.

 The Team

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

Proud to be acting on behalf of...

ITLN

The International Travel Law Network (“ITLN”) is a fast growing association of lawyers across the world who specialise in travel and leisure law.

Travlaw HR Protect

Specialist travel law advice and support with a legal expenses insurance policy, designed to bring travel companies complete peace of mind.

Contact Travlaw
  • Travlaw LLP
  • Lee House
  • No. 1 Lee Lane East
  • Horsforth
  • Leeds
  • LS18 5RF
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Travlaw - the travel law people

Travlaw LLP is a limited liability partnership registered in England & Wales (Reg. no. OC342402) and is authorised and regulated by the Solicitors Regulation Authority.

Members include: Stephen M Mason* MA, Rivka Hawley ACILEx (Non-Lawyer Member), Matt Gatenby BA (Hons), Farina Azam LLB (Hons). *Holding Higher Rights (Civil) qualification **CEDR accredited mediator.

Associated Offices: Athens, Brussels, Dusseldorf, Limassol, Lisbon, Madrid, Milan, and Paris.