Travel

1 Chancery Lane boasts one of the very few dedicated specialist International Travel & Leisure teams at the independent Bar. With a wide range of experience spanning nearly 25 years, the team draws on Chambers’ in-depth knowledge of personal injury and professional negligence litigation. We specialise not only in overseas accident litigation (acting for both Claimants and Defendants – and their insurers – in package travel and private international law cases at all levels), but also in contractual recovery actions against overseas suppliers as well as international and national regulatory compliance.

Tour operators, airlines, trade associations, tourist boards, charities and insurers (home and overseas) rank among Chambers’ major clients in this area, in addition to most of the leading firms of solicitors conventionally acting for injured claimants.

Our recent experience has included the following:

Package travel and “off-package” sales: our travel practice has been at the forefront of the development of the law relating to the package travel industry over the last 20 years; members having been in many (if not most) of the leading cases under the Package Travel Regulations 1992 including, since 2000: Codd v Thomson Holidays (applicable local standards); Hone v Going Place Leisure Travel (regulatory fault-based liability); Clough v First Choice Holidays; Healy v Cosmosair and Evans v Kosmar Holidays (all catastrophic spinal injuries brought about by the use of hotel swimming pools); Keppel-Palmer v Exus Travel and Holden v First Choice Holidays (application of the PTR 1992); Mawdseley v Cosmosair (causation in holiday contract cases); Moran v First Choice Holidays; Moore v Hotelplan; Harrison v Jagged Globe (cases on the reach of a tour operator’s liability for accidents during the course of excursions); XVW & YZA v X School for Girls & Adventure Lifesigns (a tour operator’s obligations in the context of a violent sexual assault during a school expedition overseas).

Food poisoning and illness: members of Chambers at all levels have wide experience of acting for both Defendants and Claimants in food poisoning and other illness claims. We have acted in most of the large scale food poisoning outbreak cases of recent years and have extensive practical experience in related areas: case management of large multi-party actions; specific disclosure applications; and, cost capping. A member of Chambers acted for the Defendant in the leading authority: Kempson & Kempson v First Choice Holidays.

Recovery proceedings: we routinely act for and against tour operators in claims against foreign suppliers and are familiar with actions based both on contractual indemnities in supply contracts and on the Civil Liability (Contribution) Act 1978. An example of recent work in this area includes the Court of Appeal decision in Cosmos Holidays Plc v Dhanjal Investments Limited (proper construction of indemnity clause) in which a member of Chambers acted for the successful tour operator.

Leisure activity: we have wide-ranging experience in related areas of leisure activity litigation, including cases such as Chittock v Woodbridge School (liability of school & teachers for skiing trip); Donoghue v Folkestone Properties (use of public harbour as a leisure facility).

Conflict of laws: members of Chambers have pioneered claims under the 4th (and now 6th) European Motor Directive and the European Judgments Regulation 44/2001 (e.g. Pemberton v Carden and Pimblett v Ethniki Insurance). We now act regularly for and against injured UK Claimants in claims pursued in England against foreign insurers (see, for example, Middleton v Allianz) and claims against the UK MIB (in respect of road traffic accidents overseas).

Aviation and the international transport conventions: our practice spans claims brought under the Athens and Montreal Conventions. We act for airlines, airports and passengers on a regular basis. Members of Chambers have recently acted in cases arising under the Denied Boarding Compensation Regulations.
In addition to our contentious work, we also provide non-litigious advisory consultation for organisations concerned with regulatory compliance in the travel industry, due diligence, standard terms and conditions and the configuration of internet businesses.

Members regularly contribute to international journals and trade association conferences as well as to Travel Law Quarterly, www.tlq.travel. Chambers has sponsored the Travel and Tourism Lawyers Association (TATLA) for many years.  Membership of TATLA is now open for 2012/13 at a cost £30.00 per member.  If you wish to apply for membership please email our Practice Administrator Jenny Fensham (jfensham@1chancerylane.com).

We are authors of the leading practitioner textbook: Saggerson on Travel Law and Litigation (5th edition, 2013).

Chambers is listed as a top tier travel law set in Chambers & Partners and a leading consumer law set in The Legal 500.   

Team members: John Ross QC; Matthew Chapman; Sophie Mortimer; Sarah Prager; Ian Miller; Simon Trigger; Ben Hicks; Laura Johnson; Jack Harding; Andrew Spencer; Ian Clarke; Lisa Dobie; Roderick Abbott; Rebecca Grant; Frances McClenaghan; Thomas Crockett; Tom Collins; Rhiannon Lewis.

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