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

  • 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.
  • Nicholls & Woodward v Mapfre [2023] EWHC 1031
    Applicability of Spanish penalty interest provisions.
  • Susan Sedgwick v Mapfre [2022] EWHC 2704 (QB)
    Applicability of Spanish penalty interest provisions.
  • 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.

The go to set for personal injury claims with a cross border feature. Great rapport with clients and experts.

An exceptionally strong set in relation to travel litigation, with a weighty and well-experienced team.

At the forefront of cross-border high value personal injury claims.

They really know their stuff on international travel. Perhaps the best travel law set.

One of the leading chambers for cross-border personal injury work.

Travel & Cross Border Claims Barristers

King's Counsel

John Ross KC

Call 1971 | Silk 2001

Grahame Aldous KC

Call 1979 | Silk 2008

Matthew Chapman KC

Call 1994 | Silk 2017

Giles Mooney KC

Call 1998 | Silk 2019

Sarah Prager KC

Call 1997 | Silk 2023

Juniors (15 years +)

Bruce Silvester

Call 1983

Gaurang Naik

Call 1985

Laura Elfield

Call 1996

Tara Vindis

Call 1996

Robert Horner

Call 1999

Linda Nelson

Call 2000

Dr Russell Wilcox

Call 2000

Giles Bedloe

Call 2001

Hugh Rimmer

Call 2003

Abigail Stamp

Call 2004

Jack Harding

Call 2004

Andrew Spencer

Call 2004

James Byrne

Call 2006

Ben Rodgers

Call 2007

Juniors

Robert Parkin

Call 2009

Tom Collins

Call 2010

William Dean

Call 2011

Conor Kennedy

Call 2011

Ella Davis

Call 2013

John Schmitt

Call 2013

Kerry Nicholson

Call 2015

Max Melsa

Call 2015

Thomas Jones

Call 2015

Dominique Smith

Call 2016

Richard Collier

Call 2016

Thomas Yarrow

Call 2018

Lucy Lodewyke

Call 2018

Francesca Kolar

Call 2018

Amelia Katz

Call 2018

Henk Soede

Call 2019

Anirudh Mandagere

Call 2019

Pupils

Directors

Michael Goodridge

Director of Clerking & Business Development

Senior Clerks

Clark Chessis

Senior Clerk

David Barrow

Joint Deputy Senior Clerk

Jaime Brooks

Joint Deputy Senior Clerk

Practice Managers

Ellie Brand

Practice Manager

Phillip Austin

Practice Manager

Assistant Practice Managers

Matthew Shepherd

Assistant Practice Manager

Jamie Moylan

Assistant Practice Manager

George Housden

Assistant Practice Manager

Jay Levell

Assistant Practice Manager

Junior Clerks

Cameron Baker

Junior Clerk

Ronnie Scarlett

Ronnie Scarlett

Junior Clerk

Latest News & Events

The Dekagram: 20th May 2024

We trust that our readers have been enjoying the Spring sunshine; the team have spent their time in the sun wisely, reading cases so you don’t have to. First we noted a decision which considers the interplay between English and Scottish guardianship; secondly we read…

The Dekagram: 13th May 2024

Last week brought the news that the Australian airline Qantas and the Australian Competition and Consumer Commission have agreed to resolve their dispute over cancelled flights by asking the court to impose a $100 million fine, together with an undertaking by the airline to pay…

Dekinar: Understanding the New Fixed Costs Regime for Cross-Border Claims

In this webinar, Thomas Yarrow and Anirudh Mandagere take a look at the new fixed costs regime with a specific eye on its impacts on litigation with a cross-border element. View the slides – Understanding the New Fixed Costs Regime for Cross-Border Claims

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Deka Chambers: 5 Norwich Street, London EC4A 1DR

© Deka Chambers 2024

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