Nick joined Travlaw in 2018, having previously lead a team of litigation fee earners at a claimant-orientated firm. Since joining Travlaw, Nick has helped the travel industry navigate their way through various challenges posed by:
- The travel sickness claim epidemic;
- The failure of Thomas Cook;
- Brexit; and
- The covid-19 pandemic
With over 12 years experience in civil litigation, and with considerable expertise in the travel & leisure industry, Nick regularly advises the travel industry in relation to:
- Obligations under the Package Travel Regulations
- B2B contractual disputes (e.g. disputes between a tour operator and their suppliers)
- Travel sickness claims
- Injury claims, with an emphasis on disputes over ‘local standards’
- Copyright infringement claims
- Domain disputes – to take down ‘rogue websites’ and e-mail accounts used by fraudsters and unlicensed travel companies
- Aviation claims – including claims under Regulation 261/2004 and the Montreal Convention
- Equality & Discrimination claims – including claims under the Equality Act and Regulation 1107/2006
- Applicable Law & Jurisdiction & Cross Border issues
Nick’s first introduction to travel law came about as a trainee solicitor, handled a number of cross-border road traffic accident claims. Identifying the ‘booby traps’ and ‘loopholes’ that arise when applying foreign law in the courts of England and Wales, resolving ‘conflicts of law’ and jurisdictional disputes provided Nick with an appetite for the other challenges that come with international and travel litigation.
A failure by the UK government to properly implement the EU’s ‘5th Motor Directive’, causing financial loss to victims of accidents caused by uninsured drivers, spurred Nick to initiate a campaign for legal reform. Having brought a number of ‘Francovich claims’ against the Department of Transport this project successfully forced the Department of Transport to take measures to finally implement the 5th Directive, as they should have done many months earlier!
In 2015, the floodgates opened to passengers claiming compensation for delayed or cancelled flights under Regulation 261, where Nick was at the forefront of a number of important ‘test cases’ and ‘appeal cases’ in a developing area of law. Examples include disputes over contractual limitation, exclusive jurisdiction clauses, when ‘extraordinary circumstances’ apply and, most notably, a successful Court of Appeal decision in Thea Gahan & Others v Emirates.
The Travlaw Career Path!
Nick joined Travlaw Litigation Team in 2018 and has quickly established himself as a ‘go to expert’ in the travel industry, speaking at events with ABTA, ABTOT, UKInbound, BETA and The European Consumer Centre in Luxembourg.
What does he enjoy most about being a travel lawyer? Every day is different, and variety is the spice of life.