Just when you thought the fight against fake holiday sickness claims was nearing an end, it seems we’re not quite out of the woods yet.
Prison sentences for a number of claimants in the last 12 months, alongside a well-publicised campaign by Abta, saw the number of claims management companies handling holiday illness cases fall from 225 in August 2017 to 140 in January 2018. Thomas Cook alone is understood to have seen an estimated 90% drop.
But there were worrying words for the sector last week as the regulatory body for solicitors issued a stark reminder to the industry that the fight is far from over. The Solicitors Regulation Authority updated a warning from September 2017 to reflect “new issues that have arisen” and revealed it is currently investigating the practices of 18 solicitors over holiday sickness claims.
Tour operators remain all too aware there is still work to be done. Despite the fall in claims, Cook admits “the issue has not yet gone away”. Tui also agrees there is “still more to be done”, while Red Sea Holidays tells TTG this week the industry could yet be hit by “thousands upon thousands” of further fake holiday sickness claims.
The issue is that this summer marks the end of the three-year limitation period in which sickness claims – fake or otherwise – can be lodged. And given that, for many, summer 2015 marked the peak of holiday sickness scams, the sector could still be in for a shock over the coming months, says Travlaw partner Matt Gatenby.
More frustratingly, claims issued to courts prior to May 7 will be excluded from the new fixed-cost regime introduced by the Ministry of Justice.
There is light at the end of the tunnel, though. The fight may not yet be over, but as Gatenby highlights: “The quicker we move away from the peak years of 2015 and 2016, the better we will be as an industry.” And that can’t come soon enough.