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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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This book is now Out of Print.
A new edition is due, details can be seen here:
Saggerson on Travel Law and Litigation 6th isbn 9780854902194

Saggerson on Travel Law and Litigation 5th ed


ISBN13: 9780854901197
New Edition ISBN: 9780854902194
Previous Edition ISBN: 9781858113999
Published: February 2013
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardcover
Price: Out of print



In stock.

With a Foreword by His Honour Judge Saggerson

Written by a new team of leading practitioners at the London travel law set, 1 Chancery Lane, this new edition of this well-known work comprehensively revises and updates classic topics. Existing case law is placed in a practical context and the many new developments in the law are discussed in detail.

  • Features a large volume of new case law, comprehensively discussed
  • Provides authoritative and clear guidance on all topics of relevance
  • Offers lively and engaging commentary, written by leading practitioners for practitioners
  • Thoroughly considers new EU legislation
Travel law and litigation is one of the most dynamic areas of practice and new law is constantly being made. The volume of new case law has increased significantly since the fourth edition was published and the busy practitioner needs to remain on top of this. The fifth edition provides full commentary on all topics of relevance to the travel lawyer and also considers the following new developments:-

  • What is a “package”?
  • Where do we now stand on the local safety standards defence?
  • What is the extent of a tour operator’s liability for off-package sales and what is the contractual framework for such liability where it arises?
  • How are general damages for loss of enjoyment of a holiday to be calculated?
  • What is an “accident” within the meaning of article 17(1) of the Montreal Convention?
  • What is the proper forum within which to bring a claim under the Athens Convention?
  • How do the Denied Boarding compensation provisions work in practice?
  • What is an Odenbreit claim?
  • How is the Rome II Regulation to be applied?
Both a digest of the existing law and a lively guide to where the law may be heading, this new edition of this leading text is clear, concise and authoritative. It will be of interest to all those who deal with claims that have a cross-border elements and will prove an essential addition to the library of all barristers, solicitors and legal executives who practise in this expanding field.

The authors are Barristers at 1 Chancery Lane, where they handle the full range of travel-related litigation. They serve on the Committee of the Travel & Tourism Lawyers’ Association (respectively, as Chairman, Treasurer and Secretary). They have been involved in many of the most high profile travel law cases of the past decade.

Subjects:
Contract Law, Personal Injury Law, Remedies and Damages, Consumer Law, EU Law, Wildy, Simmonds and Hill, Air and Space Law, Courts and Procedure
Contents:
Foreword
Introduction to the 4th edition (2008)
Preface
List of abbreviations
Table of cases
Table of statutes
Table of statutory instruments
Table of European legislation

1 Regulated Package Contracts
Application of Package Travel Regulations 1992
Regulated Packages Defined
The CAA and the ATOL Regulations 1995
Guidance Note 26
Pre-arranged combination
Qualifying components
Inclusive price
Free services and facilities
Twenty-four hours or overnight accommodation
Cruises
Sold or offered for sale in the United Kingdom

2 Parties
Contract
Consumer
Other party to the contract

3 Travel Agents
Introduction
Travel agents, security and regulated packages
General principals of agency
Non-package cases
Retailers and the Package Travel Regulations 1992
Travel agents as the other party to the contract
Travel agents’ duties of care
Travel agents and employees

4 Information, Form and Content;
Obligations of the Package Travel Regulations 1992

5 Liability for Non-performance
Framework
Obligations under the contract
Providers and co-ordinators
Strict and fault-based obligations
Contractual obligations
Latent defect
Scope of the package holiday contract
Local standards
Post-script – challenging the Wilson v Best Travel orthodoxy
Causation
Other suppliers of services
Statutory defences
Reasonable care terms
Strict liability terms
How the statutory defences work
Other Provisions under regulation 15 of the Package Travel

6 Non-regulated Contracts
Regulated packages and common law principles
Formation of the contracts
Contractual purpose
Effectiveness of incorporation
Non-regulated agreements
Common law – provider or facilitator?
Excursions and extras
General overarching contractual and non-contractual duties
Implied terms and duties in tort
Misrepresentation
Unfair Terms in Consumer Contracts Regulations 1999

7 Damages and Other Remedies
Breach of travel contracts
Carriage Cases
Hybrid cases
Mitigation
International Conventions
Remedies under the Package Travel Regulations 1992
Trial by media

8 Hotels and Timeshares
Hotels
Disability Discrimination
Timeshares
Holiday lets

9 Accidents – Choice of Law and Jurisdiction
Jurisdiction
Applicable law

10 International Conventions – Carriage of Passenger and Baggage
Montreal Convention
Denied boarding compensation
Air travel and disability discrimination
Athens Convention
Berne Convention
Carriers Act 1830

11 Security and Insolvency
Need for security
A cautionary tale
‘Packages’ and other arrangements
Insolvency – tour operators and others
Insolvency – travel agents
Security provisions of the Package Travel Regulations 1992

12 Criminal Offences
Introduction
Package Travel Regulations 1992
General observations
Requirements relating to brochures – organisers
Security
Liability of those other than the principal offender
Consumer Protection from Unfair Trading Regulations 2008
Denied Boarding Regulations 2005
Disability Discrimination Regulations 2007
Health and Safety at Work Act 1974
Timeshares
Manslaughter
Sex crimes
Air rage

13 Criminal Defences
Package Travel Regulations 1992
Consumer Protection from Unfair Trading Regulations 2008
Denied Boarding Regulations 2005
Disability Discrimination Regulations 2007
Health and Safety at Work Act 1974
Onus of proof
All reasonable steps (or precautions) and all due diligence
Additional burdens under the Consumer Protection from Unfair Trading Regulations 2008
Policy and abuse of process

14 Statements of Case
Package holiday claim
Particulars of claim, slippers and trippers
Particulars of claim, holiday let
Particulars of claim, food poisoning
Particulars of claim, Montreal Convention
Particulars of claim, Athens convention
Particulars of claim, fatal accident
Particulars of claim, excursion
Particulars of claim, swimming pool – local standards
Particulars of claim, a claim brought in England against a foreign insurer
Particulars of claim, skiing accident
Defence, general quality
Defence, general safety
Part 20 (third party) particulars of claim, specimen

Appendices
1. Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours
2. Package Travel, Package Holidays and Package Tours Regulations 1992