Many people cannot afford the services of a lawyer.  Sometimes the facts dictate that their case benefits would be outweighed by the cost of legal representation. In those cases it may be appropriate to use the small claims process – before doing so, you should always obtain independent legal advices. The process of the small claims court is fully described on the Court Service website. Read More

Are You Ready For Court? considers the impact of the argument that we have become a ‘compensation culture’ and examines the Arbitration process and the experience of one holidaymaker and their holiday complaints.  It should be recognised that the main reason why holidaymakers fail, is that they do not prepare their case and documentation properly!  We have written an article on this very issue and should be read in conjunction with this article!  The various links in that article will help you consider what you need to do, along with the guidance and commentary in the article below! Read More

Time and time again we receive plaintiff calls from holidaymakers with genuine holiday complaints, who have decided to enter into an Arbitration or Court process.  Time and time again we discover that not enough preparation is made by holidaymakers to present their case correctly!  Is it the fault of the holidaymaker? Most definitely not!  The reason that holidaymakers get into trouble when they try to resolve their own holiday claims is that they are in some ways lured into a process which in some ways promises to be easy and non-legalistic.  The reality is that if you are trying to make a claim for holiday compensation, the travel company will usually employ a solicitor or barrister to protect their interests.  The holidaymaker is then often faced with a process that becomes very legalistic and at times incomprehensible!  Preparation is the key and unless you have a pressing limitation date less haste and more research is the order of the day!  In the May 2007 edition of Get’Away we asked, “Are You Ready for Court?” - It was the first of a series of articles which explores the evidential trail and experience of holidaymakers who decide to go it alone, and take their case into the Small Claims Court.  The moral of the tale is to learn from other holidaymakers experiences! Read More

In the fourth edition of the Travel-Zine we concentrate on the issue of standards in holiday contracts. Following the Corfu tragedy, we call for action to protect the rights of the consumer, enshrined under the Package Travel Regulations. We examine the growing trend to re-structure travel companies, from Principal to Agent, and the implications for the ordinary holidaymaker. We begin our series into holidaymakers experiences before the Small Claims Court, and provide initial guidance on how to prepare your case. Our HolidayTravelWatch Clinic follows the theme of Package Holiday vs DIY Holiday and provides for a difficult resolution to the holidaymaker’s problem. Read More