Holiday Sickness Training

Regular MASS Trainer, Terry Wilson, can deliver Holiday Sickness Training to demystify the issues and give your fee earners the confidence and skills to take on holiday illness claims

Holiday Sickness TrainingI wonder how many firms have recently been approached by claims management companies offering to provide holiday sickness claims in volume. Certainly from my own understanding and experience there are many genuine cases out there and not enough law firms who are equipped to handle them.

In an ever changing marketplace, many PI firms are now considering diversifying their practices into this area, however, there aren’t that many fee earners who have had experience in this field and are somewhat nervous at this new area of law. The ones that have experience are being snapped up in the market.

Handling these claims, however, is not as complicated or daunting at you may think, particularly when the claims arise from package tour holidays as these are covered by the Package Travel, Package Holidays & Package Tours Regulations 1992 (PTR). Holiday sickness claims arise in contract law with a reliance on various consumer legislation as well as utilising the PTR. The PTR imposes UK standards on the defendant, and where the illness has arisen as a result of a package tour holiday in a foreign country you can claim against the organiser (usually the tour operator) for breach of contract in England and Wales. This avoids the procedural difficulties in litigating in foreign jurisdictions where limitation periods and quantum can sometimes differ.

Historically people accepted getting sick on holiday as par for the course but they are now becoming increasingly aware that it is not acceptable to have their holiday ruined by sickness. The fact is that there are many genuine claimants out there who have had a very unpleasant and sometimes serious illness, had their holiday totally spoilt and have lost money as a result of a breach of standards at a foreign hotel which the tour operator is responsible for dealing with under the PTR. Very often the whole family or party can be affected.

Claimants are entitled to claim for various heads of loss, including:

Legal costs are dealt with on a standards basis.

It has been much highlighted in the press over the last few weeks that there are unscrupulous dealings and practices going around concerning some of these claims, and due diligence has to be carried to ensure that these cases are received from MOJ registered companies and are genuine.

I have been involved in the training for holiday sickness claims for the past six months and, as a MASS Trainer, I am working with MASS Training to deliver a very practical, interactive and fun course which will demystify the issues and give fee earners the confidence and skills to take on these holiday illness claims occurring in foreign countries arising out of package holidays.
Courses can be delivered in house to your PI fee earners in groups, or individually on our external courses.

If you are interested in diversifying into this new area of practice please contact Jenny Braunton for more details.

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