The Report continues with the examination of Lord Keen's recent remarks that Claimant's will find the Small Claims Process relatively easy!
It is clear from the nature of this Consultation that Ministers simply do not understand the very nature of Holiday Claims and how illness within such claims are complex.
Frank examines the rationale behind the proposed changes and provides comprehensive commentary within his Report.
Frank provides 4 key recommendations:
- Ministers must reexamine their understanding of what a holiday claim is, its complexity and how different they are to general claims;
- If Ministers are going to design a new Pre-Action Protocol, then it needs to attract bespoke thinking and design;
- That Ministers should call and create an Independent Inquiry into the operation of the Small Claims Court;
- Frank has recommended that there should be a radical departure away from the traditional way of dealing with Holiday Claims.
On this latter point, Frank addresses the Pre-Action Protocol issue and has designed a protocol that is not only fit for purpose but sets out very clearly all parties obligations at the time the complaint is initially made.
In conclusion, Frank poses 12 key questions, the most important being, who exactly is subverting justice in Holiday Claims?