Travel & Cross Border Claims

Overview

Deka Chambers offers leading silks and juniors practising in travel and cross-border claims, who have been involved in this field of specialism since its inception and who have appeared in most of the key cases in the area.

The team undertakes the full range of cross-border disputes: private international law including cross border clinical negligence, package travel claims, international carriage conventions and contractual recovery. Members are regularly instructed on both sides of the Court, including instructions from consumers, tour operators, airlines, cruise operators, trade associations, tourist boards, charities and insurers (both domestic and overseas). The team frequently deal with high-value, complex and sensitive cases and provides nationwide representation in all civil courts, including the Admiralty Court, Supreme Court and, prior to Brexit, the Court of Justice (EU).

Deka Chambers is the home of the leading textbook in the field, Saggerson on Travel Law and Litigation, as well as Accidents at Sea and A Practical Guide to Cross Border Clinical Negligence Claims. Members of the team have also been invited to participate in policy making in this field, as members of the United Nations World Tourism Organisation panel of experts and of the Admiralty Court Users’ Committee, as well as participating in the invitation-only Air Accessibility Conference and launch of the Air Accessibility Act at the Palace of Westminster.

Areas of Expertise

• Jurisdiction and Private International Law
• Package Travel claims
• Athens Convention claims
• Montreal Convention claims
• Cross-border clinical negligence
• Contractual recovery

Notable Cases

• Wuchner v British Airways, unreported, 3rd July 2024
  Interplay between Articles 20 and 21 of the Montreal Convention and the provisions on contributory negligence and limitation of liability.
• Nicholls, Woodward, Sedgwick v Mapfre [2024] EWCA Civ 718
  Applicability of Spanish penalty interest provisions.
• Sherman v Readers Offers Limited [2024] EWCA Civ 412
  Cancellation and/or alteration of itinerary in a package holiday case.
• Ibrahim v AXA Belgium [2024] EWHC 856 (KB)
  Jurisdiction in a cross border road traffic claim.
• Yesss (A) Electrical Ltd v Warren [2024] EWCA Civ 14
  Significant Court of Appeal decision on the proper approach to relief from sanctions where the relevant Rule, Practice Direction and Court Order(s) do not contain any express sanction for default.
• Linda Lane v Amaya-Romero [2024] EWHC (KB)
  Limitation issues arising out of applicable law pursuant to Articles 4.2 and 4.3 of the Rome II Regulation.
• Stait v Cosmos Insurance [2022] EWCA Civ 1429
  Leading case on jurisdiction and residence in the case of members of the armed forces posted overseas.
• ST v BAI [2022] EWCA Civ 1037
  The appropriate approach to applications for permission to extend the lifetime of a claim form for service outside the jurisdiction.
• Klifa v Slater [2022] ILPr 15
  Jurisdiction in a cross border road traffic claim.
• Laura Clarke v Dr Kalecinski & Others [2022] EWHC 488 (QB)
  The applicable standard of care in a cross border clinical negligence claim.
• Chowdhury v PZU [2022] ILPr 8
  Residence and jurisdiction in a cross border road traffic claim.
• Hill v Generali Biztosito ZRT [2021] EWHC 3381 (QB)
  Rights of insurers to bring subrogated claims other than in the courts of the defendant’s domicile.
• Alli-Balogun v On the Beach v MPYTT [2021] 1 WLR 193
  Service out of the jurisdiction in a recovery claim by a tour operator against a bed bank.
• Mahapatra v TUI [2021] 1 Lloyds Rep 71
  Applicability of the Athens Convention in a disembarkation case.
• Tattersall v Seguros (case C-708/20, CJEU)
  The last ever reference by a UK Court for a preliminary ruling from the CJEU. Leading case on the rights of the injured persons to bring claims against foreign domiciled tortfeasors in the courts of their domicile.
• Lackey v Mallorca Mega Resorts, Generali [2020] 1 All ER 558
  Jurisdiction in a cross border consumer claim.
• Pandya v Intersalonika [2020] EWHC 273
  Application of Rome II in cases where a claim has been issued but not served prior to expiry of the limitation period.
• Labbadia v Alitalia (Societa Aerea Italian SpA) [2019] EWHC 2103 (Admin) 2019 WL 03531497
  The interpretation of ‘accident’ under Article 17 of the Montreal Convention.
• Brownlie v Four Seasons Holding Inc [2018] 1 WLR 192 (SC)
  Leading case on jurisdiction on the basis of the tort gateway in common law claims.
• Wood v TUI Travel PLC (t/a First Choice) [2018] QB 927 (CA)
  Leading case on food poisoning claims in a package travel context.
• Cook v Virgin Media Limited [2016] 1 WLR 1672
  Leading case on forum non conveniens in cases with a Scottish connection.
• Campbell v Thomas Cook [2015] 1 WLR 2007
  Leading case on the extra-territorial effect of the Equality Act 2010 and its application to disability discrimination claims.
• Lougheed v On The Beach Ltd [2014] EWCA Civ 1538 (CA)
  Leading case on local standards in package holiday claims.
• Japp v Virgin Holidays Ltd [2013] EWCA Civ 1371 (CA)
  Local standards in package holiday claims.