The leading industry lawyer celebrated 50 years in law practice earlier this year. He spoke to Ian Taylor
When Travlaw senior counsel Stephen Mason began practising as a lawyer in April 1974, the travel trade was largely unregulated and there were no travel lawyers.
Mason explained: “I started in general practice work and commercial disputes at a firm in Leeds which had clients in the textile industry. I spent two years on contract law.
“There was no ‘travel law’, just one case, Jarvis v Swans Tours, where the court decided a consumer was entitled to compensation for loss of enjoyment and ‘distress’ [on a holiday].”
But there was a tour operator, Intasun North, in the area and Mason said: “When Intasun North had a legal problem, the firm sent a junior – me.
“Package holidays were considered trivial. But I loved it and became a specialist [in the area]. Other companies started instructing me.
“The work and the number of clients grew over five to six years.
“There were no Package Travel Regulations (PTRs) then. Such regulation as existed – such as the ‘stabiliser rule’ – mostly came from Abta [then officially the Association of British Travel Agents]. Abta had its code of conduct and a big proportion of the industry were Abta members.”
The ‘stabliser’ agreement, introduced in the 1960s, involved exclusive trade arrangements between Abta member tour operators and travel agents, and saw Abta arrange the rescue and reimbursement of holidaymakers if an operator failed.
Specialist travel law firm
Mason started his own specialist travel law firm, Mason and Bond, with a colleague Liz Bond in 1986. The company subsequently became MB Law.
He noted: “The first set of travel regulations came in with the European Package Travel Directive in 1990 and the 1992 PTRs.
“These made a huge difference. Until that time, package travel organisers were not liable when things went wrong unless something was their fault – the supplier was at fault. That was turned on its head by the PTRs.
“The demand for travel law expertise grew exponentially. Business ballooned. The increased liability was a serious matter. We won many more clients.
“Then I met Professor David Grant who had the idea for a book.”
Grant was professor of law at Northumbria University and subsequently editor of the Travel Law Quarterly.
The first edition of Grant and Mason’s book Holiday Law took 12-18 months’ work and was published in 1995. Mason said: “There was almost no case law. The complexities which might arise from the PTRs only developed over time. But we were very excited about the book.
“Holiday Law was meant for a wide audience. It seemed to go down well. I went into court not long after the book came out and the judge had a copy on his desk.
“Editions two [1998], three [2003], four [2007] and five [2012] were not so much work as the book just needed updates. But things became more and more complicated.
“The sixth edition [published in 2018] took considerable work as it required a rewrite on the new PTRs.
“I wrote more about liability and travel law practise. David Grant, as an academic, wrote more about ‘black letter law’ – well-established legal rules and case law.”
Abta director of legal affairs Simon Bunce joined the pair in working on the sixth edition, published in 2018.
In the meantime, Mason and colleague Rivka Hawley had left MB Law to set up a new firm.
Mason explained: “In 2003 the two of us felt it would be good to have a fresh start with a new law firm. A client suggested we call it Stephen Mason Solicitors to make clear where I was working.”
The firm subsequently became Travlaw.
Mason explained: “Our email address was ‘Travlaw’ from the start and we would get letters and cheques sent to Travlaw.”
He paid tribute to colleagues and fellow industry lawyers, saying: “Looking back over a long career, I’ve achieved nothing on my own, it’s always been as part of a team.
“I’ve worked with some fantastic people. Working with colleagues is what makes practising law so enjoyable.”
Significant legal cases
Stephen Mason has been personally involved in some of the industry’s most significant legal cases and has drawn the legal lessons from many others.
He was involved in the case of Lougheed v On the Beach (2014) which went all the way to the Court of Appeal and, he said: “Settled once and for all that tour operators have to comply with local standards in the destination.”
This year, he acted in Sherman v Reader Offers which also went to the Court of Appeal and confirmed that “when companies think they have a booking, they have a booking. It can’t be cancelled on a technicality.”
However, the case, involving cancellation of a pre-pandemic cruise, also established that a consumer could cancel and receive a full refund when there is “no reasonable possibility” of a holiday proceeding as planned.
This replaced the previous legal understanding that cancellation was justified only when there was ‘not a flicker of hope’ that a holiday could continue.
Mason has acted on behalf of industry clients for decades. But in Milner v Carnival 2010, a case which also went to the Court of Appeal, he acted on behalf of a consumer in what “was probably the only time in 25 years”.
He explained: “A solicitor had a client who was a friend and asked, ‘Would you look after my friend?’”
The case involved a retired couple whose cruise was ruined by a noisy cabin and bad weather.
Mason said: “The outcome was important because it remains the leading authority on assessing the value of a holiday claim for ‘diminution of enjoyment’ and ‘disappointment’. There has not been a case since.”
He noted: “I’m embarrassed I was acting for a consumer. But it was a pleasing result for the industry and very helpful. It emphasised that compensation should be modest and avoid duplication.”
Mason added: “There have been a lot of cases below the Court of Appeal level. But 90% of all cases settle. Those which go to trial are the exception and most are heard in the County Court.”
Twin passions
Aside from family and friends, Mason has two passions outside the law. One is the theatre.
He is involved with the Ilkley Playhouse, an amateur theatre company in his hometown, where he says: “I’ve had the pleasure of directing performances down the years.”
Mason jokes that he followed his children into the theatre since they were involved first with the Playhouse.
He is also co-chair of Pilot Theatre, a leading professional touring theatre company with a target audience of young adults.
His other passion, despite working on behalf of an industry devoted to flying, is international rail travel.
Mason explained: “I had an adverse reaction and stopped flying in the early 1990s.
“I’ve criss-crossed most of Europe by train and in 2018 went all the way to Beijing and back by train.”
Now in his 51st year as a lawyer, Mason continues to act as senior counsel at Travlaw.