Monday, 16 April 2018

There's A Poisonous Fly In My Soup UPDATE


I have recently reported on the new costs regime which is to apply to package travel sickness claims (see http://www.breakinglaw.co.uk/2018/04/act-fast-on-package-holiday-sickness.html). The relevant legislation has been published today. * It will catch claims relating to gastric illness which are notified on or after 7 May 2018 and not before, which are for up to £25,000 and which are covered by the Package Travel, Package Holidays and Package Tours Regulations 1992. It is focusing on bellyaches and worse which are said to have been contracted abroad. 

Not only do we have a new costs regime for these claims but we have a special pre-action protocol 'for the resolution of package travel claims' and which operates hand in hand with the costs regime. The protocol sets out what steps a claimant should take before starting court proceedings in claims of this kind. It even includes a template letter of claim to be send to the tour operator or whoever else the claim is being made against. The protocol should be followed by a litigant in person in so far as is reasonably possible. However, the new costs regime will not impact on a litigant in person. 

* Civil Procedure (Amendment No 2) Rules 2018 SI/2018/479.