Consultation outcome: Personal injury claims arising from package holidays: Call for evidence

Ministry of Justice - by Jim Larrison via Flickr

Consultation outcome: Personal injury claims arising from package holidays: Call for evidence

The Government has taken a significant step forward to address concerns about package holiday sickness claims. On 7 May 2018, we amended the Civil Procedure Rules (CPR) to fix the costs of these claims so that the costs are more proportionate.

The Government has been concerned about the recent increase in package holiday sickness claims, and its potential implications for holidaymakers, tour operators and the UK’s overall reputation with overseas providers. Since 7 May 2018, we amended the Civil Procedures Rules (CPR) to fix the costs of these claims, making costs more proportionate. We have also introduced a bespoke Pre-Action Protocol for Resolution of Package Travel Claims which sets out the conduct and steps the court would expect parties to take before commencing proceedings. The action we have taken follows our prior announcement on 9 July 2017 which detailed our plans and the Call for Evidence which followed on 13 October.

The Call for Evidence covered the following issues:

  • the problem of an apparent substantial increase in the number of low value personal injury (PI) claims for gastric illness (GI) arising from package holidays, many of which appear to be unmeritorious
  • action the Government proposes to take to control legal costs by extending fixed recoverable costs (FRC) to low value PI claims arising from package holidays
  • amendments to Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (EL/PL PAP)
  • issues that we are asking the Civil Justice Council to consider in relation to package holiday low value PI claims and other low value PI claims more generally
  • a call for further evidence including data.

We thank all those who responded to the Call for Evidence: the evidence we received has helped informed this response on the way forward on package holiday sickness claims, given effect in the amendments to the CPR.