‘A Practical Guide to Holiday Sickness Claims, 2nd Edition’ by Andrew Mckie & Ian Skeate

Description

NEW EDITION OF THIS BEST SELLING BOOK

A clear but comprehensive guide to all aspects of the holiday sickness claims process that can be utilised by practitioners on a day-to-day basis, in Claimant and Defendant practice. This book has a focus on running a holiday sickness claim in an efficient way post-Jackson, spotting the winners and vetting the losing claims early on.

The new edition for 2017 contains updates on Wood v TUI and cases since Wood including updates on tour operator tactics, part 35 questions, medical experts, causation issues and dealing with denials of breach of duty.

ABOUT THE AUTHORS

Andrew Mckie, Barrister at Clerksroom Manchester, is a specialist in claimant and defendant personal injury, with a particular interest in cases involving alleged fraud, credit hire, highways, occupiers and defective premises cases. He was previously Head of Litigation and In-House Solicitor Advocate at a claimant personal injury firm with over 50 staff.

Ian Skeate joined Clerksroom in January 2010 after practising from St Johns Buildings, Manchester since 2003. He has particular expertise in Personal Injury, Professional Discipline and Regulation, Employment and Costs. Ian is based in Manchester but his practice extends throughout the country especially in London.

CONTENTS

1. Introduction – What are holiday sickness cases?
2. Package Travel Regulations 1992 – What is a package? Telephone bookings.
3. Package Travel Regulations 1992 – What is a package? Website bookings.
4. Quantification of General Damages and Special Damages in holiday sickness claims including diminution and loss of enjoyment. Updated on most recent cases on quantum since Wood v TUI.
5. Medical Evidence, Part 35 Questions, Medical Causation and Evidence. Updated to include instruction GPs v Gastroenterologists and Microbiologists and making sure the expert complies with their Duty to the Court and the importance of medical records.
6. Claims under the Supply of Goods and Services Act 1982 and the Sale of Goods Act 1979.
7. Cruise Holidays – Claims under the Athens Convention.
8. Pre-Action Disclosure Applications, the Pre-Action Protocol and Types of Disclosure Pre Proceedings. Update on Making Pre Action Disclosure Applications Specific and Costs of Applications.
9. Litigation Tactics and Procedures. Update to include Analysing the Defendant’s disclosure – do they have a good system of hygiene?
10. New Chapter – The Court of Appeal Case in Wood v TUI.
11. New Chapter – Important cases since Wood v TUI – The case of Laveryv TUI and why it succeeded at Trial. The case of Richardson v TUI and why it failed at trial. The case of Mcintyre v Thomas Cook and why it failed at trial – a case on credibility.
12. New Chapter – Fraud and the SRA Warning Notice – Vetting, Fundamental Dishonesty and Closing Potentially Fraudulent Cases.
13. Future of holiday illness claims and fixed costs.