Preliminary Sections
Author | Matthew Chapman/Sarah Prager/Jack Harding/Dominique Smith/Thomas Yarrow/Henk Soede |
Pages | 1-20 |
ON TRAVEL LAW AND LITIGATION
Seventh EditionON TRAVEL LAW AND LITIGATION
Seventh Edition Matthew Chapman QC, Sarah Prager, Jack Harding, Dominique Smith, Thomas Yarrow and Henk SoedeWildy, Simmonds & Hill Publishing
© Matthew Chapman QC, Sarah Prager, Jack Harding, Dominique Smith, Thomas Yarrow and Henk Soede, 2022
Contains public sector information licensed under the Open Government Licence v3.0
ISBN: 9780854902934
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
The right of Matthew Chapman QC, Sarah Prager, Jack Harding, Dominique Smith, Thomas Yarrow and Henk Soede to be identified as the authors of this Work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the consent of the copyright owners, application for which should be addressed to the publisher. Such a written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.
All reasonable care was taken in the preparation of this book, but any person relying on any of the statements, express or implied, in this book does so entirely at his or her own risk and without liability on the part of either the authors or the publisher.
Fifth edition 2013
Sixth edition 2017
This edition published in 2022 by
Wildy, Simmonds & Hill Publishing 58–59 Carey Street
London WC2A 2JF
England
www.wildy.com
Typeset by Heather Jones, North Petherton, Somerset.
Printed in Great Britain by CPI Group (UK) Ltd, Croydon CR0 4YY.
Foreword
It has been said, ‘time heals all wounds.’ I do not agree. The wounds remain. In time, the mind, protecting its sanity, covers them with scar tissue and the pain lessens. But it is never gone.
Rose Kennedy
Unable to resist the invitation to write a Foreword for this, the seventh edition of Travel Law and Litigation, I was given pause for thought about the passage of time and the ‘unknown unknowns’ about which I reflected last time, in 2016. It would not have taken Nostradamus to foresee, as I did, that much time and energy would necessarily be invested in Brexit and its consequences. However, I did not anticipate the intervention of world-changing events such as a prolonged pandemic emergency or a truly shocking European war. The radical, long-term impact of these events is such that we can hardly bring ourselves to imagine.
In this context, from the side-lines, it seems more than a little parochial to ponder the effect of the events of the last 2 or 3 years on the law and on the enforcement and practice of the law. Neither does it seem particularly edifying to note that those working in the several industries to which this textbook is of special relevance have been, and will remain, at the centre of the storms buffeting their markets. The old Chinese curse seems to have resonance: ‘May you live in interesting times’. As I write, a Chinese passenger airliner has just dropped out of the sky with the predictable and dismaying loss of life to all on board.
More positively, I am consumed with admiration for the skill and effort so obviously devoted to the preparation and production of this latest edition of Travel Law and Litigation by the members of the ever-growing specialist team of experts at 1 Chancery Lane. If any can help us to navigate the legal problems besetting the travel industry and its millions of users, they can. This reference book is essential, inter alia, for any practitioner who realises that the Occupiers Liability Acts do not apply in Bhutan and that the Road Traffic Acts are not yet in force in Burkina Faso – and many besides.
Time was when I would have allowed myself some jealous moments casting an eye over this accomplished work by the current authors, but even if time does not
vi Saggerson on Travel Law and Litigation
heal everything, it helps us to modify our priorities. Looking forward, as I am, to the passage of the Judicial Offices Bill 2022, my remaining ambition – aside from welcoming the eighth edition – is that with the proposed increase in the judicial retirement age, people will ask in astonishment: ‘He can’t possibly still be on the go, can he?’ Perhaps, within this elasticated professional timespan, I will find time one day to tell you the story about how I narrowly avoided arrest for burglary when compiling the first edition of this book due to my having overlooked the disengagement of the Chambers’ intruder alarm.
It was Duke Ellington who offered the most pertinent observation for any lawyer: ‘I don’t need time; I need a deadline’.
Alan Saggerson One of Her Majesty’s Circuit Judges Central London Civil Justice Centre
Royal Courts of Justice London WC2
March 2022
Preface
Keep Ithaka always in your mind.
Arriving there is what you’re destined for. But don’t hurry the journey at all.
Better if it lasts for years,
so you’re old by the time you reach the island, wealthy with all you’ve gained on the way, not expecting Ithaka to make you rich.
CP Cavafy, Ithaka (tr. Edmund Keeley)
The production of the seventh edition of a travel law textbook may seem an eccentric undertaking at a time when the ebb tide of Covid-19 and, now, the fresh horror of war in Ukraine are driving down the demand for foreign work/fun/adventure. But, like Cavafy’s Ionian travellers, the co-authors of this textbook continue to travel in hope. The more senior among us know that the journey to this seventh edition has...
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