Fake claims shift to personal injury Ian Taylor
Claims management companies are seeking to exploit a soon-to-be- closed opportunity to cash in on the costs of personal injury claims against tour operators. Industry lawyers have warned of
increasing claims for “slips and trips” by holidaymakers brought by claims management companies that fuelled an explosion of gastric illness claims in 2016-18 after moving into travel from car accident whiplash claims. The boom in holiday illness claims
was ended by a spate of prosecutions and a government extension of the fixed recoverable costs (FRC) regime, which limits the legal costs in certain civil cases. This is due to be extended
to personal injury claims for damages up to £100,000 from October following a two-year delay. However, it will only apply to claims brought from October 1. Claire Mulligan, partner at law
firm Kennedys, told an Abta Travel Law Seminar in London last week: “We see claims companies moving into tour operator liability. We have many more ‘slips and trips’ claims [and] it’s new firms bringing them.” Mulligan’s partner at Kennedy’s,
Gareth Thomas, similarly warned an Abta Aviation Forum last month of “ambulance-chasing” law firms, saying: “It’s a bit like the holiday sickness claims we saw.” Abta director of industry relations Susan Deer recalled the industry
We have many
more ‘slips and trips’ claims [and] it’s new firms bringing them
campaign against fake sickness claims, backed by Travel Weekly’s ‘Fight Fake Claims’ campaign, “showed what Abta does so well”. “We got members together and
compiled evidence of illness claims,” she said. “People were bringing false claims – these were 90% of all claims. When the rules on costs changed, the claims died off.” Mulligan added: “We never
thought tour operators would prosecute customers, but they did.
We had to make it cheaper to defend claims than to settle.” However, Deer warned back in
2018: “Claims companies think they can still make money from accidents.” Frederick Lyon, barrister at
Farrar’s Building, said the delayed extension of the fixed costs regime should help reduce the number of new claims, noting: “Claims management companies may forgo [claims] if there are not enough costs.” But he warned: “There may
be less impact [on personal injury claims] because the costs are more generous.” Sarah Prager KC, barrister at Deka
Chambers, also warned: “There is a huge backlog of cases in the courts – and wall-to-wall Covid refund cases.”
Agents welcome Jet2’s Liverpool base from 2024
Juliet Dennis
Travel agents have welcomed news
Jet2.com and Jet2holidays will operate out of Liverpool John Lennon airport from next year. The airline and its sister tour
operator have announced 20 destinations for summer 2024 from their 11th UK airport base. The programme, which starts
on March 28, will include: Alicante, Spain; Fuerteventura, Gran Canaria, Lanzarote and Tenerife in the
4 18 MAY 2023
Canary Islands; Ibiza, Majorca and Menorca in the Balearic Islands; Faro and Madeira in Portugal; Corfu, Crete, Kos, Rhodes and Zante in Greece; Paphos in Cyprus; Antalya, Dalaman and Bodrum in Turkey; and Bourgas in Bulgaria. Seven of these are exclusive routes from Liverpool: Gran Canaria, Menorca, Madeira, Rhodes, Zante, Paphos and Bourgas. Welcoming the move, agents said
clients had been “crying out” for Jet2 to come to Liverpool. Hays Travel North West managing director Don
Bircham said: “It’s perfect news. We have 30 shops in north Wales and Merseyside and customers have been crying out for Jet2 to be in Liverpool.” About 90% of the agency’s
departures are from Manchester, with about 5% from Liverpool and 5% from other UK airports. Bircham believes there will be “significant movement” to Liverpool. Polka Dot Travel director Mark
Johnson described the expansion as “very sensible”, adding: “Our shops are well positioned to take full
From left: Ian Doubtfire
and Steve Heapy,
Jet2.com and Jet2holidays; with John
Irving and Paul Winfield, both Liverpool John Lennon airport
advantage. The news will be very well received [among customers].” Paula Nuttall, director of The
Holiday Village, said the move would give clients more choice. “A huge portion of our 80 homeworkers are based in the north, so to have another airport, outside of Manchester, will be amazing.” Jet2 will operate up to 54 flights
a week on four aircraft, representing 565,000 seats on sale. The move will create more than
200 new jobs.
travelweekly.co.uk
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