NEWS


Lawyers spell out industry’s call for data in High Court


Ian Taylor


Lawyers acting for Manchester Airports Group argued the government should be required to publish the data behind decisions on the traffic light status of destinations in the High Court last week. Bringing a claim against the


secretaries of state for transport and health, Tom Hickman QC quoted transport secretary Grant Shapps at a press conference in May when he said of the data behind decisions: “All of that is going to be published . . . the methodology and the data.” Hickman argued: “To any ordinary person that was a clear commitment.”


He told the court: “Data are published up to a point where a country moves from green to amber. What’s not published is the [data for] countries that don’t move. We say there is no reason why data can’t be provided for countries that don’t change. “We understand in broad terms


why Portugal was moved [on June 3] because of a variant of concern. But we don’t have a reason that explains why other countries remained on the amber list.” The hearing took place with


Ryanair, BA parent IAG, Virgin Atlantic, Tui UK, easyJet and Travel Weekly owner Clive Jacobs as interested parties after evidence presented on


behalf of Jacobs and industry SMEs was accepted by the court. Lord Justice Lewis told Hickman:


“We understand why [the industry] would like more information. We want to know why you think they should get more.” Referring to Shapps’ statement, the Lord Justice said: “This was at a press conference and a response to a question. Is there a legitimate expectation that is capable of enforcement?” Hickman told the court: “My


client took what was said extremely seriously.” But Mr Justice Swift told him: “The way you put it, anyone could bring this claim.” David Blundell QC for the


Manchester Airports


Group is backed by a number of leading travel companies in arguing


the government should reveal the data behind its traffic light decisions


government argued Shapps’ statement was “an off-the-cuff comment” and explained amber “is the default position”. That led Mr Justice Swift to note: “Countries are amber because there is a presumption there is a risk unless there is evidence that pushes it green or red.” Lord Justice Lewis agreed: “The


data is only for countries that move.” He told Hickman: “We’re not talking about what you would like to have. We’re talking about what you’re entitled to.” Ending the hearing pending a


ruling, the Lord Justice noted: “We want to get this right. There will be other cases like this.”


Insurance battle moves step forward Juliet Dennis


Agents fighting for business interruption insurance payouts are on the verge of appointing a law firm to start claims on an individual ‘no win, no fee’ basis. Bailey’s Travel managing director


Chris Bailey, who is spearheading the legal challenge, had originally hoped for a class action but said this would prove costly and difficult because policies varied. However, final discussions are


under way with a law firm prepared to take on agents with different claims on a ‘no win, no fee’ basis. Agents could be grouped with claimants from other sectors with the same


travelweekly.co.uk


policy within several group actions. Bailey urged more agents who


took out insurance prior to Covid-19 to come forward. “I’d encourage any agency with


a business interruption policy to at least contact me,” he said. “There is no investment needed.


The more agents we have, the better deal we can strike, which will put more money in agents’ pockets if we succeed.” Bailey is in talks with lawyers to


reduce fees for any successful case. He said: “We’ve worked hard


to find a company to deal with this properly. Agents will be dealt with individually, but the chances are other claimants, not necessarily in travel,


are likely to have the same policy.” Bailey, who stressed agents face


mounting debts that could take a decade to pay off, backed a call by


Chris Bailey


Travel Counsellors founder David Speakman for insurers to pay out. Speakman dubbed their failure


to date as “corporate bullying at its worst” and cited cases of insured agents having their employee furlough payments deducted from their total claim by insurers, even though they hadn’t claimed for these payments, and delaying payouts by asking for more detail. He said: “These delays are


life-threatening for already battered travel businesses. It’s corporate bullying at its most shameful and distasteful – a trait of big business, airlines and insurers which somewhere along the way have lost their integrity and sense of fair play.”


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PICTURE: Shutterstock/BCFC


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