BUSINESS NEWS counsel is celebrating 50 years in law practice this year. He spoke to Ian Taylor


who had the idea for a book.” Grant was professor of law at Northumbria University and subsequently editor of the Travel Law Quarterly. The first edition of the book


Holiday Law took 12-18 months’ work and was published in 1995. Mason said: “There was almost no case law. The complexities which might arise from the PTRs only developed over time. “But we were very excited about


the book. Holiday Law was meant for a wide audience. It seemed to go down well. I went into court not long after the book came out and the judge had a copy on his desk. “Editions two [1998], three [2003], four [2007] and five [2012] were not so much work as the book just needed updates. But things became more and more complicated. The sixth edition [published in 2018] took considerable work as it required a rewrite on the new PTRs. “I wrote more about liability


and travel law practice. David, as an academic, wrote more about ‘black letter law’ – well-established legal rules and case law.” Abta director of legal affairs


Simon Bunce joined the pair in working on the sixth edition. In the meantime, Mason and a


group of colleagues had left MB Law to set up a new firm. Mason explained: “In 2003 a group of us felt it would be good to have a fresh start with a new law firm. A client suggested we call it Stephen Mason Solicitors to make clear where I was working.” The firm subsequently became


Travlaw. Mason explained: “Our email address was ‘Travlaw’ from the start and we would get letters and cheques sent to Travlaw.” He paid tribute to colleagues


and fellow industry lawyers, saying: “Looking back over a long career, I’ve achieved nothing on my own, it’s always been as part of a team. I’ve worked with some fantastic people. Working with colleagues is what makes practising law so enjoyable.”


Legal expert has acted for industry clients for decades


Stephen Mason has been involved in some of the industry’s most significant legal cases and has drawn the legal lessons from many others. He was involved in the case


of Lougheed v On the Beach (2014) which went all the way to the Court of Appeal. He said: “It settled once and for all that tour operators have to comply with local standards in the destination.” This year, he acted in Sherman v


Reader Offers which went to the Court of Appeal and confirmed that “when companies think they have a booking, they have a booking – it


can’t be cancelled on a technicality”. Mason has acted on behalf of


industry clients for decades. But in Milner v Carnival 2010, a case which also went to the Court of Appeal, he acted on behalf of a consumer in what “was probably the only time in 25 years”. He explained: “A solicitor had a


client who was a friend and asked, ‘Would you look after my friend?’” The case involved a retired


couple whose cruise was ruined by a noisy cabin and bad weather. Mason said: “The outcome was important because it remains the leading authority on assessing the value of a holiday claim for ‘diminution of enjoyment’ and ‘disappointment’. There has not been a case since.” He noted: “I’m embarrassed


I was acting for a consumer. But it was a pleasing result


Abta’s Simon Bunce hails Mason as ‘leader among travel lawyers’


Abta head of legal affairs Simon Bunce hailed Stephen Mason’s contribution to the industry, saying: “I started in travel in 1996 and the first edition of Holiday Law, published in 1995, was invaluable. “It wasn’t a dry, legal textbook but


showed real understanding of the industry and how it works. “Since then, Stephen has


been instrumental in so many developments. Whenever anything novel happens, I check with Stephen to make sure we’re thinking the same way. He is the person I’ve been in touch with to check my thinking at all the fundamental moments in the development of travel law. “Having the confidence of


someone with his experience and expertise has been great. Stephen has always been a real support. “When I was in law school,


consumer law was ignored really. Stephen has led the way for the rest of us. We all came along on his coat-tails.


travelweekly.co.uk


Simon Bunce


He is seen as a leader among travel lawyers, who paved the way for others and has given us a body of case law. “I was honoured to be asked to


contribute to the most recent edition of Holiday Law. Its value is it’s rooted in the industry. It’s not just a book on the law aimed at lawyers, it’s a guide to the industry. “Stephen always recognises the


significance of cases for the wider industry. He is embedded in the industry. Travel is a people industry and Stephen ensured his firm reflects that. The industry sees itself reflected in the firm and in him.”


Stephen Mason in 2014


for the industry and very helpful. It emphasised that compensation should be modest and avoid duplication.” Mason added: “There have


been a lot of cases below the Court of Appeal level. But 90% of all cases settle. Those which go to trial are the exception and most are heard in the County Court.”


Theatre and rail travel top list of hobbies


Aside from family and friends, Mason has two passions outside the law. One is the theatre. He is


involved with the Ilkley Playhouse, an amateur theatre company in his hometown, where he says: “I’ve had the pleasure of directing performances down the years.” Mason jokes that he followed


his children into the theatre since they were involved first with the Playhouse. He is also co-chair of Pilot Theatre, a leading professional touring theatre company with a target audience of young adults. His other passion, despite


working in an industry centred on flying, is international rail travel. Mason notes: “I’ve criss-crossed most of Europe by train and in 2018 went all the way to Beijing and back by train. I stopped flying in the early 1990s after an adverse reaction.”


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