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The collapse of Thomas Cook on 23 September 2019 has pushed multiple wheels into motion – from the repatriation of British holidaymakers, to the sale of the former travel firm’s retail estate under the steer of the Official Liquidator. It also includes the suggestion of a personal injury fund and reform of the self-insured model. We look at what we know and highlight a few aspects that the government (new or otherwise) should bear in mind.
Case review 24/07/2019
Today the Supreme Court judgement confirmed that questions need to be answered by the Court of Justice of the European Union before determining the appeal as to whether a tour operator will be liable for the criminal acts of hotel employees against hotel guests.
The Package Travel and Linked Travel Arrangement Regulations came into force on 1 July 2018, and apply to any holiday booked after that date. They broaden the scope of holidays to include linked travel arrangements as well as packages.
For the last few years the travel industry has been battling a litigation epidemic, now infamously referred to as “holiday sickness” claims. Historically, many companies had sought to reach early economic settlement of gastric illness claims, rather than face the potentially eye watering costs of defending litigation.
A round up of recent court decisions raising issues relating to negative discount rates; liability for claims arising from the Setanta liquidation; the repayment of Stage 1 fixed costs; highway authority duty of care; tour operator liability in contaminated food claims and local authority duty of care towards supervision of school pupils.
Case review 16/02/2017
We have a clear binding judgment from the Court of Appeal which provides clarity to the travel industry. This is following the suggestion that strict liability applied to all-inclusive holiday sickness claims (Hutchinson and others v First Choice , Kempson & Kempson v First Choice , and Antcliffe and others v Thomas Cook ).
The travel industry has been hit by a wave of sickness claims as the UK compensation culture continues to find new ways to grow. We set out tactics for tour operators and insurers faced with these claims and consider the way forward for the industry.
A round up of recent court decisions raising issues relating to bereavement damages for cohabitees, employers’ liability for accidents abroad, personal liability of directors for employers’ liability claims, fraudulent claimants and norovirus on cruise ships.