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Review calls for cap on legal costs for holiday sickness claims

Tuesday, 1 August 20173 min read

A judge has recommended changes to holiday sickness compensation – a move that would see an end to unscrupulous claims being made against travel companies.

In his review, published on Monday, Lord Justice Jackson says holiday sickness claims should be included in the Fixed Recoverable Costs (FRC) regime, meaning there should be a restriction on the amount of legal fees that can be charged by lawyers representing claims companies.

This would bring holiday sickness compensation claims in line with whiplash claims, which are already under the FRC regime.

ABTA welcomed the recommendation, which forms part of the Jackson Review, calling it ‘very good news for the travel industry and for holidaymakers’.

ABTA said: "This follows months of work by ABTA and its members with the Ministry of Justice, asking that they close the claims loophole that has enabled unscrupulous claims companies and legal firms to target travel companies.

"The Justice Secretary, David Lidington, announced the Government’s plans to amend existing laws in this area on July 9, and Lord Justice Jackson has today recognised the merits of this approach.

"We now look forward to the Ministry of Justice launching a Call for Evidence on the inclusion of holiday sickness claims in the FRC, expected in August.

"ABTA encourages the travel industry and our partners to engage with this process.

"Once the Call for Evidence has been completed, it is essential that the necessary amendments should be brought forward as soon as possible."