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Evidence key to fighting bogus claims

Evidence is key to fighting bogus holiday sickness claims and cooperation from hotel suppliers is essential, say leading UK industry lawyers.

Claire Mulligan, partner at law firm Kennedys, told a travel law seminar hosted by UK travel association Abta: “You need to gather evidence from the moment an incident occurs – statements, photos, plans, maps, occupancy levels. Evidence wins cases.”

She said: “It is important to work closely with your suppliers. It’s better to involve them immediately. If you work with people regularly, have supplier contracts.

“If it is a genuine claim and you can settle, pay it quickly – damages for suffering, for loss of enjoyment, for diminution in value. Make a good offer and stick to it.”

Abta has led a UK industry campaign to cut the number of bogus holiday sickness claims after a 500% increase in claims last year driven by claims management companies.

Mulligan told Abta members: “Look for any inconsistencies [in claims]. If it is a lower value claim, try to push it into the small claims track. Don’t just accept the claimant’s evidence. Question the medical evidence.

“Look at the numbers – for example, if one or two people were sick and there were 200-300 people in the hotel. Attack the claimant’s costs schedule. Check for duplicate costs.

“If you can prove ‘fundamental dishonesty by using Facebook or Instagram [evidence], do it. Social media is helpful in showing people were not so sick. We screen social media routinely now. I’m a fan of Tripadvisor when it comes to sickness claims.”

Sarah Prager, barrister at 1 Chancery Lane, agreed saying: “The key is documentation. You are dependent on hotels to cooperate with evidence and witnesses. If a hotel does not produce documents to show it conformed with hygiene requirements, a claimant can say what they like.

“It is all about supplier contracts. It astonishes me to find companies don’t have supplier contracts or a contract is written on the back of a fag packet. Put the onus on the hotel to provide documentation in these cases or to indemnify you.”

Prager added: “These cases are all about costs. The claims are only worth £2,000-£3,000, but the costs can be £40,000-£50,000.”

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