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• Travel Law

• • Overview

  Put Simply...

  Travel law is a very broad area of law, including overseas accident litigation, contractual recovery actions against overseas suppliers, package travel law and international and national regulatory compliance. There is a strong focus on personal injury claims for compensation resulting from accidents abroad.  This is a niche area of law, and is particularly interesting as it may involve pursuing a claim in a foreign jurisdiction.  
  
  Some travel lawyers specialise in both claimant and defendant work, as travel insurers require both advice as claimants for legal expenses claims, and also as defendants for personal liability claims against an insurance policy. Travel lawyers may also offer regulatory and contract advice to tour operators on the wording of their terms and conditions and related liabilities.

  What is involved in Travel Law?

  There are many cross jurisdictional issues that arise in this area of the law. It is often preferable for a claim to be brought in the UK, when possible, as legal costs are recoverable in the event of a successful claim. It is important to consider the merits of pursuing a case abroad at a very early stage, as in some jurisdictions, the amount of damages recovered will be so low that to pursue an action will not be worthwhile, considering the legal costs involved.
  
  The collation of information required is much the same as that of a Personal Injury lawyer, and medical records are often vital.  There are far more difficulties for a Travel lawyer in gaining this evidence, however, due to often obscure foreign laws, and the need to place heavy reliance on foreign agents.  It is worth bearing in mind global time differences, so if pursuing an action in Australia, it may only be possible to communicate with an agent either late at night or early in the morning!
  
  This area of the law, although specialised, is very rewarding, as the outcome may assist those injured by an accident to return to normality.  Having an accident abroad may not just ruin someone's holiday, it may also affect someone's future prospects, and assisting claimants during this difficult time by providing support and compensation can be invaluable.

  What is needed for Travel Law?

  No one day is the same due to the variety of claims and jurisdictions. You will deal with a wide range of accidents, including skiing incidents, paragliding, airline incidents and food poisoning cases.   A travel lawyer must have a thorough understanding of private international law and relevant EC legislation in order to properly advise a client as to the relevant jurisdiction and applicable legal issues.
  
  In addition, he or she must also understand the English civil procedure rules for those foreign accident litigation cases litigated in this country. Some travel lawyers will also deal with high value Clinical Negligence claims resulting from negligent treatment in a foreign hospital leading to death, or injury, often with long term effects.When an action is pursued in a foreign jurisdiction, a travel lawyer will often instruct a foreign lawyer as her or his agent in the relevant jurisdiction, to advise on the local standards and other foreign law issues.  This means that language skills are helpful, although not essential.  

  Current climate for Travel Law

  There can be no doubt that it has been a testing time for the UK travel industry this summer.  Rising unemployment, the weak Pound and the summer weather forecast are just some of the factors which have tempted the consumer to stay at home for a 'staycation' this year.
  Whilst activity-type holidays and trips to certain destinations such as Turkey, Egypt and Bulgaria have remained popular, visitors to other holiday destinations have been lower than usual, despite a late booking surge for some tour operators. There is also a real concern for travel insurers that holidaymakers might decide against travel insurance in an effort to save money, despite the obvious risks that something may go wrong.

  There are only a relatively small number of firms in the UK that specialise in travel law, and personal Injury lawyers may get into difficulties if they attempt to manage a claim abroad without specialist expertise. If you are lucky enough to gain experience in this area of the law, you will find it exciting, stimulating and varied.
  
  

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