Amongst the articles reporting on Spanish virgins descending on Valencia, San Miguel defibrillators and complaints from ageing expatriates in Valencia of ever increasing waiting times for surgery, came this one written by the British Ambassador to Spain in an English newspaper for expatriates in Spain Le@der (1 August 2017). Simon Manley had written to key stakeholders in the Spanish tourism industry, informing them of the steps the British government was taking to tackle fraudulent sickness claims, recognising the impact they were having on hoteliers in Spain and on the UK package holiday industry.
In the article Mr Manley referred to the British Government as having extended the system of fixed recoverable costs to cover claims arising abroad, limiting the legal costs that are paid out and making the costs of defending a claim predictable to tour operators. This seemingly referring to the Supplemental Report of HHJ Jackson (31 July 2017) in which, in hoovering up the last few remaining areas that are currently not subject to fixed recoverable costs, he recommends that travel litigation claims be one of those to be included in the scheme.
Lord Justice Jackson’s report and the recommendations contained therein are still to be the subject of parliamentary approval and as yet not on the statute books. Whether there is sufficient appetite for lengthy debate on the proposals is a matter of opinion, particularly as the government has other more pressing topics to be concerned about. That having been said if you consider a recent article written by Gavin Haynes (31 July) in the Guardian, which plots the meteoric rise of foreign holiday sickness claims during the last 3 to 4 years, there appears to be an overwhelming desire from the hoteliers, cruise lines and travel company insurers to contain and reduce the ever increasing and disproportionate costs of bringing these claims. Lord Justice Jackson’s proposals may therefore have an untroubled passage through parliament.
As ever it is the relative few that spoil it for the many and it has been the continual and now often more discrete farming of claims on behalf of those individuals and families whose bodies are unable to cope with self-inflicted over indulgencies of the now all too familiar all inclusive package holiday, that has been responsible for such a disproportionate number of false sickness claims. Statistics from a major tour operator providing holidays taken in July and August 2016 revealed that of the some 800,000 German travellers only 114 claims were brought, compared with 750,000 British travellers bringing 4000 claims!
It seems that holiday sickness is a British disease carried by unscrupulous claims management companies aided and abetted by a very small minority of unscrupulous firms of solicitors, reminiscent of the recent whiplash epidemic now largely wiped out.
A significant player in the field of international travel litigation when approached for comment admitted that whilst being concerned at the government’s current appetite for curtailing this kind of activity, group claims are entirely different animals and very much dependent on the attitudes of the travel companies and their insurers, who rarely make early admissions of liability.
For the remaining majority of solicitors who specialise in ensuring that holidaymakers obtain proper access to justice for genuine illness claims, this further proposed mechanisation of the legal process in one of the last bastions of the personal injury industry, serves as a reminder of the power of the insurers in their fight against human greed and of the balance of justice that is held in the hands of the legal profession.
The importance of instructing experienced costs lawyers and draftsmen
The word "specialist" cannot be over emphasised in these cases. Where individual settlements are modest and costs substantial, you as fee earners will want to be assured that every effort will be made to support your own costs claim with reduced travel time and increased opportunities to get there quicker.
To find out how we can help you with both, contact our costs travel team on 0121 643 0001 or email: travelexpert@johnmhayes.co.uk