Every year, millions of people take holidays and make business trips which are regulated by the Package Travel etc Regulations 1992. Under these regulations, tour operators, holiday and travel organisers are exposed to potential liability for illness and accident arising overseas. The new Package Travel Directive 2015/2302, if brought into force by UK regulations in January 2018, will mean that many more types of booking, including internet ‘click through’ bookings, are brought under the umbrella of these regulations. This may well limit the ability of tour operators and organisers to control their exposure to claims and will therefore increase the volume of litigated claims. The need to consider applicable local standards will remain the primary the focus of injury claims, along with causation arguments.
The investigation and litigation of foreign aspects of claims is expensive for both sides. Independent Evaluation has great potential for helping to reduce or avoid costs on both sides. The changed ambit of the directive will enhance the importance of contractual contribution. Recovery actions by tour operators against their overseas suppliers will inevitably be less contentious, as a result of avoiding expensive litigation and using Independent Evaluation instead.
Direct Actions against Insurers
In addition to organised leisure travel there are many more motorists travelling on the roads of the EU who are subject to the EU 4th and 5th Motor Insurance Directives and who benefit from direct rights of action against insurers. This generates a large number of disputes concerning, in addition to typical RTA claim issues, the choice of applicable law, policy validity/indemnity questions and identification of recoverable foreign heads of loss.
At IE we have the experience to evaluate both the classical package travel causation and local standards issues, along with complex cross border RTA claims which generate intricate mixes of jurisdiction, contract and applicable law affecting foreign heads of loss recoverable.
Particular areas of specialism are:
- Group illness and hygiene issues
- Local standards expert evidence
- Causation and damages assessment concerning high value long term symptoms and illnesses such as haemolytic kidney injury, post-infective IBS and neurological damage, chronic fatigue and post-infective arthritis
- Accidents at sea and cruise claims
- Catastrophic injury and high value care/assistance claims
- Rights under international travel conventions