The Legal Impacts of COVID-19 in the Travel, Tourism and Hospitality Industry

COVID-19: The Impact on Travel Claims and Litigation in the UK Sarah Prager 1 Abstract; 1. The Conduct of Proceedings in the English Courts; 1.1. The Voluntary Agreement; 1.2. The Amendment to the Civil Procedure Rules; 2. The Measures Taken to Keep the Courts Open; 3. Litigation against the Travel Industry; 3.1. Claims under the Package Travel and Linked Travel Arrangements Regulations 2018; 3.2. Claims in Negligence; 3.3. Claims under the Athens Convention; 4. Conclusion. Abstract This paper will address the effect of the COVID-19 outbreak on the conduct of proceedings in the English courts; the measures taken to keep the courts open; and the litigation against the travel industry likely to follow from the pandemic in the UK. 1. The Conduct of Proceedings in the English Courts The UK was slower than some other nations in reacting to the threat posed by the COVID-19 outbreak. China locked down the province of Wuhan as early as 23 rd January 2020, and the World Health Organisation declared a global health emergency a week later. In March, the European nations began locking down their populations: on 9 th March, Italy began a stringent lockdown; Spain entered lockdown six days later; Germany followed suit on 22 nd March, and the following day, 23 rd March, the UK entered lockdown. In what now seems a forlorn attempt to keep the nation’s economy active, the population was permitted to leave home in order to work, if doing so was absolutely necessary, construction sites remained open, and the government and senior judiciary vowed that the courts would continue to conduct hearings. In the days and weeks that followed, it became increasingly clear that it would not be possible to conduct court business as usual. Gatherings of more than two people who were not from the same household were not permitted, and jury trials had to be stopped. Many court staff were unavailable for work, either because they were particularly vulnerable to the virus or because they had to remain at home to look after their children, whose schools had been closed. The government confirmed that those concerned in running the criminal and civil justice systems were designated key workers whose children could attend school. However, the senior judiciary and the Designated Civil Judges for the regions of England and Wales were producing guidance 1 Barrister, 1 Chancery Lane, London. Chairman of the Travel and Tourism Lawyers’ Association of England and Wales.