Campaigner challenges government with case law on Access to Justice for Holiday Claims

Frank Brehany has recently challenged the UK government on its approach toward genuine Consumers making claims for bad holidays. Its position appears to be based on an industry that claims that legal complaints have risen, backed by examples of the distasteful activities of a small number of claims-hunters.

Frank's recent report challenged the whole basis for government strategy and called for the entire process to be re-thought.

Subsequent to his major report on this issue, Frank further considered the decision in the case of 'R (on the application of UNISON) (Appellent) v Lord Chancellor (Respondent) 26 July 2017'. This case discussed how decisions made by government could seriously curtail Access to Justice and consequently reversed government policy. The analogy in this case with the government's current proposals on holiday claims is stark and a further supplementary report was submitted to government, ahead of their closing deadline on this Consultation.

Frank Brehany, an Independent Consumer Campaigner & Commentator states:

"If nothing else, this government should pay close heed to the decision in this case and measure it against the current crop of proposals and representations of Industry on holiday claims"

He adds:

"I am greatly concerned that in the rush to 'deregulate' our society, ordinary Consumers will suffer the consequences of ill-thought out decisions and a lack of a real consultation on this important subject matter"

He concludes:

"This case should be central to Ministerial thinking and Ministers should recognise the increased potential of genuine Consumers simply giving up, acting as Litigants in Person or being driven into the arms of Legal Process Factories where Legal Skill should be questioned. In my view, the questions from the Consultation mask real and fundamental issues for Consumers and indeed Society as a whole. At its root, the government should rethink the basis of this Consultation and the propositions that underpin it".