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Registered address: Beaufort House, 15 St Botolph Street, London, EC3A 7DT. Registered in England.

Company Registration No: 10031723 

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AN OVERVIEW OF THE FIXED COSTS REGIME FOR
GASTRIC ILLNESS CLAIMS
OCTOBER 17, 2018

On 7 May 2018, the Pre-action Protocol for Resolution of Package Travel Claims, which defines such claims as gastric illness contracted during a package holiday, came into force. The Protocol applies to package travel claims valued at no more than £25,000. Simultaneously, the Civil Procedure Rules were updated to bring gastric claims into scope of the fixed costs regime.

WHAT FIXED COSTS ARE RECOVERABLE?

STAGE OF CLAIM

RECOVERABLE FIXED COSTS

Where settlement is agreed before a claim is issued and
damages are between £1,000 and £5,000

Where settlement is agreed before a claim is issued anddamages are between £5,000.01 and £10,000

Where settlement is agreed before a claim is issued and damages are over £10,000

Where claim is settled on or after issue but beforeallocation

Where issued claim is settled after allocation, but prior tolisting

Where issued claim is settled after allocation, but prior tolisting

Where claim is concluded at trial

£950 plus 17.5% of damages

£1,855 plus 10% damages over £5,000

£2,370 plus 10% damages over £10,000

£2,450 plus 17.5% of damages

£3,065 plus 22.5% of damages

£3,790 plus 27.5% of damages

£3,790 plus 27.5% of damages plus

ARE DISBURSEMENTS ALSO RECOVERABLE?

Yes. The Court can award recovery of certain disbursement costs, which include (but are not limited to) those arising from
medical records/reports, expert reports, travel expenses, Court fees and expert attendance at trial.

WILL THE FIXED FEE REGIME BE EXTENDED TO INCLUDE PERSONAL INJURY CLAIMS?

The Ministry of Justice has confirmed that, for the time being, the fixed cost’s regime will not be extended to personal
injury package holiday claims. This means that claimant legal representatives benefit from recovering their fees based on
their hourly rates. Those defending such claims must assess claimant costs based on the concept of proportionality.
For the time being, the attention of the Ministry of Justice remains on proposed changes to whiplash claims under the
Civil Liability Bill [HL] 2017-19 (this is currently at the report stage in Parliament). However, there remains a possibility
that a surge in personal injury package holiday claims may bring these claims back into focus.

CONTACT US

Please do not hesitate to contact Mark Fanning (mark.fanning@milesfanning.co.uk) or Lucy Schofield
(lucy.schofield@milesfanning.co.uk) if you would like to discuss any aspect of the Package Travel and Linked Travel
Arrangements Regulations 2018.