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Government to get tough on holiday sickness claims

In April 2018 the government confirmed that they are fixing the legal costs for claims involving sickness whilst on holiday.

According to the travel industry there has been a huge rise in the number of holiday sickness claims over recent years.  Tour operators believe many of these claims to be bogus but they have been reluctant to challenge such cases due to increasing legal costs.

The government had asked the Civil Procedure Rules Committee to bring Package Holiday Claims within the current Fixed Recoverable Costs Scheme in an attempt to dissuade fraudulent claims.

The Committee have now amended the rules accordingly and introduced a new ‘Pre-action protocol for resolution of package travel claims’.

The new rules include claims arising from gastric illness suffered during a package holiday, where damages do not exceed £25,000.  The rules, which apply to claims where no letter of claim has been sent to the Defendant before 7 May 2018, have been pushed through to ensure that there isn’t another rush of claims over the summer, the peak time for holidays.

Statutory protection exists to protect package holidaymakers from needless injury whilst abroad, without needing to bring legal proceedings in the country where the accident occurred, so if you have been injured on  holiday and it wasn’t your fault contact our expert holiday accident team on 01302 320621.

Author: Kelly Homar


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