Travel law (including jurisdictional issues) in London Bar
1 Chancery Lane
‘One of the strongest travel sets out there’, 1 Chancery Lane specialises in both claimant and defendant work, covering overseas accidents, complex foreign clinical negligence, catastrophic injuries, group actions hinging on illnesses, and package travel cases. Allan Peacock v Del Seatek India Private Ltd & Another was a key highlight of Matthew Chapman QC 's, its ‘most senior barrister on the international injury and travel litigation side’. Jack Harding, whose caseload included the highly publicised Labbadia v Alitalia case, is among the sets’ ‘unrivalled senior juniors doing travel litigation work’.
The ‘first-class defendant barristers’ at 2 Temple Gardens are lauded as ‘preeminent in the field of cross-border work’. The set is particularly strong at handling high-value personal injury claims arising from accidents abroad which involve the application of foreign law, especially catastrophic injuries or fatalities. A case of note for Charles Dougherty QC is Butt v D’Amato, a claim involving multiple fatalities and serious injuries following a bus accident in Malta in 2018. Meanwhile, Marie Louise Kinsler QC is acting for the defendant in Bhatti v Cable News International, a high-profile multi-jurisdictional claim arising from a CNN journalist sustaining serious injuries while covering the Gaza conflict. Another highlight, led by Howard Palmer QC, is Suetta v Auld MIB – the largest ever injury claim in Gibraltar – which is proceeding before the nation's supreme court in 2020. The future of the set looks bright with rising stars Luka Krsljanin, Alistair Mackenzie, and Ruth Kennedy.
Acting for and against insurers, tour operators, travel agents, ship owners and hoteliers, 3 Hare Court is ‘very strong in travel litigation, particularly at the senior end’. The set has considerable experience dealing with claims involving accidents or illnesses abroad, with such personal injury mandates regularly involving issues of jurisdiction and conflicts of laws. Howard Stevens QC was instructed by ABTA in the appeal to the Supreme Court in X v Kuoni, which has referred two questions on 1992 Package Travel Regulations to the Court of Justice of the European Union. A notable highlight for Katherine Deal QC was in AA v Groupama, believed to be the largest settlement for a fatal accident claim ever reached under French law.
12 King's Bench Walk is highly experienced in a range of international travel claims, namely those with jurisdiction law issues. Multi-party claims, package travel disputes, road traffic claims, and employer’s liability cases are key areas of strength. A stand-out case for William Audland QC is X v Kuoni Travel, which was referred to the Court of Justice of the European Union in 2019, while Harry Steinberg QC, who is 'credited with having driven forward 12KBW's international practice, bringing up some stellar juniors', was instructed by the claimant in Alistair Inglis v Ministry of Defence, a test case regarding noise-induced hearing loss and tinnitus caused by exposure to noise while serving in the Royal Marines.
39 Essex Chambers is regularly instructed in international personal injury claims, ranging from complex group litigation actions to individual claims involving jurisdiction and choice of law issues. Food poisoning, sporting accidents, road traffic accidents, clinical negligence claims, aviation and maritime accidents and disasters, and terror attacks feature among its caseload. Michael McParland QC is most notably engaged by the defendant in Jovicic v Serbian Orthodox Church, an action brought in England claiming historic sex abuse and murder by clerics in Serbia, Bosnia, and Croatia. Bernard Doherty is instructed by the defendant in Hutchinson v Mapfre Mutualidad, a complex catastrophic personal injury claim arising from an accident in a swimming pool in Spain.
Fountain Court Chambers has particular travel-related expertise in acting for bespoke tour operators, as well as other commercial disputes in the travel industry. Akhil Shah QC was engaged in Blanche v easyJet, a second appeal and test case of a passenger claim for compensation under EU Regulation 261; while Rosalind Phelps QC was involved in Volare v Civil Aviation Authority, acting as the external legal adviser to the CAA Panel deciding a contested case about the use of aircraft parts and their impact on the airworthiness of passenger aircraft. New silk Tamara Oppenheimer QC has extensive aviation sector expertise.
Outer Temple Chambers’ ‘broad range of barristers’ are among ‘the best in the business for catastrophic injury claims arising from accidents overseas and travel law issues’. This includes package travel claims, direct claims against insurers as a result of road traffic or other accidents abroad, and skiing and sporting claims. A recent highlight in Sarah Crowther QC’s caseload is Hutchinson v MAPFRE and Ocean Beach Club, a spinal cord injury claim arising from a swimming pool dive in Spain which establishes new legal principle that insurers cannot use contract terms to exclude the right of third parties to sue directly against insurers in courts of own country. Top-tier silk Gerard McDermott QC is seen as a 'go-to leader on catastrophic injury claims' with travel law elements, while Ian Denham has 'established himself as a leading junior' for cross-border claims. 'Shining star' Will Young is 'bang on the money in terms of his preparation and advice'.
Quadrant Chambers is well-known for its specialisation in aviation and shipping-related disputes. As well as acting for large international airlines, its members are also instructed by major tour operators and is active in fatal accidents involving air travel; Matthew Reeve has been retained by the family of late international footballer Emiliano Sala, who died in a light aircraft crash in 2019, raising a wide range of issues in the areas of travel regulation and personal injury. John Ashley Kimbell QC acts for the estate of Mr Tonkinson in Tonkinson v Alpi, an ongoing claim involving 13 parties arising out of a major UK aviation casualty.