The Pre-action Protocol for Resolution of Package Travel Claims and fixed costs—7 May 2018 onwards
The Pre-action Protocol for Resolution of Package Travel Claims and fixed costs—7 May 2018 onwards

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • The Pre-action Protocol for Resolution of Package Travel Claims and fixed costs—7 May 2018 onwards
  • Scope
  • Excluded cases
  • General provisions
  • Letter of notification
  • The letter of claim
  • Documents
  • Experts
  • Resolution of issues
  • Costs under the Package Travel Protocol

The Pre-action Protocol for Resolution of Package Travel Claims (the Package Travel Protocol) applies to claims valued up to £25,000 where no letter of claim has been sent to the defendant before 7 May 2018.

A package travel claim is defined as a claim for damages for gastric illness contracted during a package holiday.

Gastric illness means any gastrointestinal illness:

  1. arising from a breach of contract, statutory duty or common law duty

  2. in respect of services, food and beverages provided in relation to a package holiday

Package holiday means a package which is regulated by the Package Travel, Package Holidays and Package Tours Regulations 1992, SI 1992/3288 or Package Travel and Linked Travel Arrangements Regulations 2018, SI 2018/634. For further information on the Package Travel regulations, see Practice Note: Package holiday claims.

The protocol's objectives are to:

  1. encourage early and full exchange of information about the claim

  2. encourage improved and early pre-action investigations into the claim by all parties

  3. avoid litigation by enabling the parties to agree a settlement of the claim

  4. enable the parties to narrow the issues in dispute before proceedings are commenced

  5. support the proportionate and efficient management of proceedings where litigation cannot be avoided

The protocol was introduced following a reported increase in the number of low value holiday sickness claims being made and a government consultation which sought to reduce the number of ‘unmeritorious’

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