Practice areas

Travel Law Litigation

Travel Law Claims

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, Travlaw are leading Travel Law practitioners.

Make no mistake, 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 over 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, in cases big and small!

Personal Injury & Breach Of Contract Claims Against Travel Companies

Our expertise includes the following:-

  • Accidents with glass doors, to trips or slips on floors;
  • Incidents in swimming pools such as near, or actual drowning;
  • Vehicle crashes;
  • Gastric illness – Individual food poisoning complaints and mass outbreaks, including on cruises;
  • Large group actions of other natures;
  • Catastrophic injuries and claims involving deaths both in the UK and elsewhere;

For numerous years we have specialised in assisting and supporting clients in disputes, both small and large, with their commercial partners and suppliers. Whether this may be a recovery action against an overseas supplier gone rogue, a communications or IT contract here in the UK or any other issue you may have. We have the knowledge and expertise to guide you to a successful result.

Regulatory Litigation – Trading Standards, ASA etc…

Our team has a wealth of experienced in dealing with regulatory litigation and prosecutions 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.

Overseas Claims

An advantage of being founding members of International Travel Law Network (ITLN), means that when our clients need legal help for overseas issues we have access to our excellent range of partner members in the most common countries our clients face such issues.

Notable Travlaw Cases

You will find that Travlaw have been involved in pretty much all of the defining cases of the last few decades. Here are just some of them:

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

Still good law despite being over 30 years ago. Appeal case that was allowed due to the fact that a Tour Operator would not be liable for losses such as those caused by asthma, if not specified when booking the holiday. Despite a casual conversation this would not amount to a contractual consequence for the Tour Operator, as the condition must be made aware by the consumer to the Operator. Tour Operators cannot reasonably foresee that conditions in a hotel may affect the consumer’s health!

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

An appeal case dealing with whether liability can attach to a Tour Operator following misrepresentation from descriptions from holiday brochures.

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

This is a first instance case where Travlaw was able to secure a 50% liability finding against the claimant’s parents on the basis that they were equally to blame for a tragic incident.

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 specific 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 when Judges are assessing and awarding damages in holiday cases. This is a must read for any travel law practicioner.

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. A 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 (which was successful, albeit not needed in the end).

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 Ltd v Air Niugini Ltd [2017] EWHC 1095 (QB)

A notable commercial case – the court was required to determine the preliminary issue of whether or not a claim form had been validly served by the claimant Tour Operator on the defendant.

Malhi v Expedia, Inc. [2017] Central London County Court, Recorder Berkley, 11 September 2017

A first instance decision for a high value quad bike / ATV claim. Notable as Travlaw elected to run a “no case to answer” position at the trial on the basis that the Claimant had provided no local standards evidence. A multi-day trial was case defeated on the first morning.

Morris v TUI UK Limited [2019] Wrexham County Court, HHJ Milwyn Jarman, 31 May 2019

In this case, Travlaw have successfully resisted an application for permission to appeal in relation to a case involving complex issues relating to breach of ‘local standards’ and where, for the first time ever the courts have applied the ‘Bolam Test’ in relation to accidents abroad under the Package Travel Regulations.

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