If someone is injured whilst on holiday abroad and wishes to make a claim for personal injury, they have several options when considering who to sue depending on the type of case.
If the injury occurred whilst on a package holiday, the injured person can choose to sue the tour operator within the courts of England and Wales (The Package Travel, Package Holidays and Package Tours Regulations 1992, SI 1992/3288).
This option is usually preferred as other options, such as suing the person who caused the injury, can involve complex questions of which country’s law applies and which country’s courts can hear the claim. Claims against tour operators under the Package Travel cases however will be the law of the contract, which is usually the law of England.
So, if for example an injury occurs due to the fault of the hotel, the tour operator will be liable. However, the question of whether or not the hotel is at fault will be determined by reference to the laws, regulation or standards that apply in the country where the hotel is located.
Therefore fact that the hotel would be negligent under English law does not determine the liability of the tour operator in these cases – it is the question of whether they failed to comply with the local standards in the country where the hotel is situated that is relevant.
Need a local standards or quantum report from an overseas lawyer? Contact Worldwide Lawyers on 01244 470 339 or at email@example.com to see how we can help.
In order to prove that there was a failure to comply with the local standards, claimants usually require a ‘Local Standards Report’ which is an expert report setting our the local statutory, regulatory or customary standards.
It can however be very difficult to obtain these reports as it can be hard to find an appropriate expert with relevant qualifications and experience. The expert must understand that the English court will apply English law, but the local standard and also produce a report which complies with the English Civil Procedure Rules.
This is where Worldwide Lawyers can help. We regularly assist solicitors in the UK who are dealing with holiday/ or overseas personal injury claims. Many of the lawyers within the Worldwide Lawyers’ international network are able to assist with local standards reports required by lawyers and their clients in relation to claims made in England.
In other cases, such as Road Traffic Accidents claims may have to be valued in accordance with the rules of a foreign jurisdiction and a quantum report may be required from a lawyer in that jurisdiction setting out what can be claimed and how much. Worldwide Lawyer can also assist with this.
It is always best to seek the advise of a lawyer in the country where the accident happened to check that there has been a breach of local standards in the foreign country before you go to the effort of obtaining expert reports and witness statements etc.
If you require a Local Standards Report, a Quantum Report or any other legal assistance from a lawyer qualified in another jurisdiction, contact Worldwide Lawyers on 01244 470 339 or email firstname.lastname@example.org to discuss how we can assist.
In most cases we will be able to put you in touch with a lawyer who can provide the report required and also arrange a no-obligation quote for this.