TRAVEL UPDATE

DECEMBER 2019

Merger with Thomas Cooper - what does it mean for our clients?

The travel team is already seeing the benefits of our merger with the international marine specialist Thomas Cooper, in July of this year. The combined firm now has some 850 people, including 141 partners, working across 13 UK and international locations.
 

Since the merger, the travel team has been working with our colleagues in Paris, Madrid and Piraeus to progress claims for our clients. Approximately 40% of our work originates from France, Spain and Greece and we therefore benefit greatly from our new in house capability in each of these countries.
 

All of our foreign offices house bi-lingual, dual qualified lawyers with experience of handling personal injury claims. We can therefore rely on them to report in perfect English and to gather evidence, give advice on foreign law and local standards and to litigate in the local Courts when necessary. 
 

Our global reach has also been greatly strengthened by Thomas Cooper’s offices in Singapore and Sao Paolo. The partners located in these offices are extremely well connected with law firms throughout Asia and South America and can assist in selecting the best firms to effectively handle litigation in these areas.   
 

If you would like to learn more about our Marine, Trade and Energy team, or about the work carried out by the Travel Law team, please do contact me.
 

In other news, I would like to welcome Ellie Aitken, who joined the team as a paralegal in September. Ellie was previously working with our Guildford family team, where she gained significant experience of litigation work.
 

I also wish to congratulate our colleague Jessica Francis, who worked as a paralegal in the travel team for three years. Jess secured a distinction in her Legal Practice Course and has been offered a training contract with PMC. She will qualify as a solicitor in September 2021.

Contact Mark Lee

Amendment to Fatal Accidents Act set to give new rights to cohabitees 

by Keith Dean

The Fatal Accidents Act 1976 (FAA) currently makes bereavement damages available to a wife, husband or civil partner of the deceased but fails to recognise cohabitees. However, more than three years after Smith -v- Lancashire Teaching Hospitals NHS FT & Ors [2017], a remedial order is currently going through Parliament to deal with the incompatibility between the FAA and Articles 8 and 14 of the Human Rights Act 1998.

READ THE FULL ARTICLE

Contact Keith Dean

Fixed costs for civil cases worth up to £100,000 to be introduced

by Joanna Wylie

Following Sir Rupert Jackson’s recommendations for a reduction in civil litigation costs, the Ministry of Justice (MOJ) announced its intention to implement fixed costs for civil cases with a value of up to £100,000.
 

According to the then justice secretary David Gauke: “One of the major concerns about embarking on litigation is the fear of adverse costs: the requirement by a losing party to pay the other side’s costs. It is important that these costs are proportionate to the sums in issue. In order to ensure that ordinary people can engage in civil litigation without fear of incurring ruinous costs, where possible we must control legal costs in advance. This provides certainty and transparency for all involved.”

READ THE FULL ARTICLE

Contact Joanna Wylie 

Revised discount rate: which side are you on? 

by Emma Tallick

On 15 July 2019, the then Lord Chancellor, David Gauke, announced that the discount rate, which is used to calculate the lump sum victims receive for future losses, would change from -0.75% to -0.25%. This was a surprise to many and inevitably the insurance industry felt aggrieved.
 

The former Lord Chancellor concluded that the revised rate reflected “the most balanced and fair approach following an extensive consultation”.
 

In February 2017, another Lord Chancellor, Elizabeth Truss, boldly reduced the discount rate from 2.5% to -0.75%, causing uproar in the insurance industry. Although it was acknowledged by most that 2.5% was too high, it was not expected that the rate would be reduced to that extent. As a consequence, the Civil Liability Act 2018 was introduced to provide a framework for a formal review of the discount rate.
 

READ THE FULL ARTICLE

Contact Emma Tallick 

KEY CONTACTS

RELATED LINKS

Expertise
 

Meet the team
 

News & publications

USEFUL RESOURCES

VIEW our privacy policy for details on how we handle your personal data

OUR OFFICES
 

London

Basingstoke

Birmingham

Cambridge

Guildford

Oxford

Reading
 

Madrid

Paris

Piraeus

San Francisco

São Paulo 

Singapore 

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales (Registered No. OC311575) and authorised and regulated by the Solicitors Regulation Authority. References to ‘partner’ include members and employees/consultants of equivalent standing within the LLP and its associated undertakings or businesses operating overseas.  A list of the members is open to inspection at its registered office, 125 Wood Street, London, EC2V 7AW.


You can read the full text about your rights as a data subject and our data privacy statement on our website at www.penningtonslaw.com/privacy-policy.