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ARTICLE · 02 AUGUST 2018

Fixed Costs Limited To Holiday Illness Claims

Clyde & Co
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The Ministry of Justice (MoJ) has confirmed the fixed costs regime will not extend to holiday slip and trip claims, and will only apply to gastric illness claims.

United KingdomLitigation, Mediation & Arbitration
Clyde & Co LLP
Clyde & Co LLP
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The Ministry of Justice (MoJ) has confirmed the fixed costs regime will not extend to holiday slip and trip claims, and will only apply to gastric illness claims.

Following a Government consultation in October 2017, the first Pre-Action Protocol for Resolution of Package Travel Claims was published in April 2018 and came into effect on 7 May 2018.

The Protocol applies to holiday sickness claims with a value up to £25,000:

It was hoped fixed recoverable costs would apply across the board to all package personal injury claims in the fast track, in order to curb the dramatic increase of unmeritorious claims in the holiday sickness arena. However the MOJ has concluded that there is a lack of evidence to support extending fixed costs to other package holiday claims at this moment in time.

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