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Travel Law: New Pre-Action Protocol

The Pre-Action Protocol for Resolution of Package Travel Claims became effective on 7th May 2018. It introduced the fixed costs regime in CPR45 to package holiday claims (cruise ships excluded).

The PAP was introduced following a campaign by ABTA to clamp down on dishonest sickness claims and their associated costs. This came to light after some recently publicised fraudulent claims, many of which resulted in the imprisonment of claimant holidaymakers.

The move has been welcomed by insurance solicitors BLM, who stated it was ‘right to take uncertainty out of the process for all parties involved’.

However, The Law Society has urged the MOJ not to restrict genuine claims in efforts to clamp down on fraud. But did state that insurers should not entertain claims which lack legal merit.

It is expected the reforms will bring a significant decrease in holiday illness claims, which have increased 500% in recent years.

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