12KBW Travel Law Seminar 2025

John-Paul Swoboda KC

His private international law expertise spans jurisdiction (pre and post-Brexit), applicable law (pre and post-Brexit), forum non conveniens cases and service out of the jurisdiction in both injury and non-injury commercial work. John-Paul also has expertise in Aviation, having worked on cases arising from high profile air disasters. He regularly appears in Package Holidays claims, Admiralty matters, Athens and Montreal Convention cases and clinical negligence cases with a foreign element. John-Paul is ranked in the Legal 500 for Travel Law including Jurisdictional issues.

John-Paul is a fluent Spanish speaker which is often helpful where the litigation has a Spanish element. John-Paul is often instructed in Spanish cases and has appeared as an expert in English law in the Spanish Courts.

Recent reported cases include:

• Maddison v TUI [2023] EWHC (to be heard by the Court of Appeal in 2025).
• Chouza v Martins & Ors [2021] EWHC 1669 (QB) (Spanish law);
• Haggerty-Garton v ICI [2021] EWHC 2924 (QB) (Scots law)

He won the Legal 500 Personal Injury Junior of the Year Award in 2023. John-Paul was elected joint Deputy Head of Chambers in July 2024. He took silk in 2025.

James Candlin

James was called to the Bar of Bermuda in 1994 to 1998 and intensively exposed to the Caribbean legal systems about which he continues to advise regularly in relation to travel and tour cases arising there as well as advising on local standards issues and a wide array of other death, serious injury and illness related torts or contract claims throughout the world.

He has significant experience in relation to questions of application of the Package Travel etc Regulations arising from agency and internet booking systems,  ‘dynamic package’ arrangements as well as sequential transaction arrangements. James is very familiar with arguments concerning excursions and litigation concerning leisure activities undertaken abroad such as diving, climbing, skiing, quad biking, sailing, canoeing & ballooning and has conducted actions concerning local standards of instruction and safety especially concerning different forms of ski instruction.

James has also regularly advised on jurisdiction and liability in relation to a number of cases concerning attacks on employees seconded abroad. Also he has conducted arguments concerning the principles of vicarious liability concerning illness contracted abroad by employees, assaults on and sexual misconduct towards Gap year students, employees abroad and holidaymakers.

James has experience of a significant number of group food poisoning actions arising in hotels and on cruise ships which have generated disputes as to causation such as causation of arthropathy and post infectious ulcerative colitis.

James scientific experience has informed a number of actions concerning unusual pathogens such as Cryptosporidium, Legionella, Ciguatoxin, Scombrotoxin and the causation of serious illnesses such as Haemolytic Uraemic Syndrome by E-Coli 157 necessitating kidney transplant. James acted for the Defendant in Antcliffe v Thomas Cook  which clarified the law relating to strict liability of tour operators for pathogen exposure under sale of goods principles where food poisoning arises from food consumed in all-inclusive resort.

James  ‘ practice includes matters arising from the 6^th Motor Directive and the European Judgement Regulations and incidents of overseas RTA when brought against the MIB.

He is experienced in recovery proceedings under Civil Liability (Contribution) Act 1978 as well as construction of indemnity clauses. He has successfully argued for contribution from a European parent company in relation to its management connections with an Egyptian subsidiary applying the principles of Chandler v Cape Plc when seeking to recover damages paid out to food poisoning sufferers.

Examples of his recent work include:

• Peach v BAA & Easyjet (2016) Commercial solicitor and former dancer slipped on Jetway approach whilst boarding flight sustaining coccyx injury manifesting as chronic disabling pain. Claim in excess of £3m. Hotly contested expert evidence as to causation by accident or prior constitution. Judgment in favour of Defendant position.
• Houghton v Thomas Cook Tour Operations (2016) Claimant manager of a stately home garden suffered spinal fracture and related chronic pain condition c£1m claim. Liability compromised at 50%. Expert dispute as to existence of a pre-existing somatoform disorder. Action settled at JSM at substantial discount on value of claim reflecting risks on causation and appropriateness of care regime in event of a psychiatric disorder being the operative cause of ongoing pain.
• Hussain v Esprit Holidays (2016) ski chalet visitors chemically burned on lower half of body by inappropriate chemical concentration of Jacuzzi water. Claim to substantial damages for loss of a well remunerated career in a tax free jurisdiction. Substantial expert issues as to causation of psychological injury. Settled before trial.
• Huckin & Genese v Flightline (2015) Claimant’s saw aftermath of fatal accident involving other guests in resort  and claimed to be secondary victims of psychiatric shock. Court dismissed claims on grounds that the Defendant was a mere agent  and not a tour operator.
• Jones v Virgin Holiday cruises (2015) Claimant holidaymaker fell over a stub wall forming part of staircase in a Jamaican Hotel sustaining knee/hip injury. Reliance on Jamaican Occupiers Liability Act 1958 [near mirror image of UK statute] held to be insufficient evidence of local standards and claim dismissed at end of Claimant evidence.
• Robinson v Audley Travel (2014) spinal injury suffered by Claimant who was passenger on zodiac being ferried to diving course when driven at high speed over large waves. Settled before trial.
• Charlesworth Smith v Global Travel Group (2013) Claimant sustained short-lived gastrointestinal infection on holiday in Dominican Republic. Disputed contention that subsequent ulcerative colitis, which was severe, disabling and permanent, was caused by material infection. Judgment at trial in favour of non-causation.
• Newsome v Thomas Cook Tour Operations (2013) Claimant suffered gastrointestinal infection on Cuban holiday and contended that Post Infective IBS was caused by it. Judgment that Claimant’s account of a continuum of symptoms from holiday to later onset of IBS was self serving and false and limited damages to initial illness

David White

David’s principal areas of practice are personal injury, clinical negligence, insurance/indemnity disputes and costs law. David has been listed as a leading junior in Personal Injury work in Chambers & Partners and the Legal 500 for many years. David acts for claimants and defendants and is regularly instructed to represent clients both at court and at Joint Settlement Meetings. David is known as a “robust but realistic” advocate and negotiator, with a keen eye for detail and excellent client care skills. David acts led or unled in high value cases, as appropriate.

In the Personal Injury field David is regularly instructed in RTA, EL, PL, product liability and holiday claims. David has particular expertise in serious injury cases including amputation, traumatic brain injury, pain conditions (including CRPS and FND) and spinal injury. In his disease practice David has particular experience and expertise in asbestos cases.

In his clinical negligence practice, David acts principally for claimants. He regularly advises in cases involving complex medical issues, particularly concerning causation.

David also has an extensive costs practice, and regularly acts for paying and receiving parties in detailed assessments in the SCCO and the County Courts, often concerning substantial seven figure bills. He has been instructed in disputes concerning the enforceability of Conditional Fee Agreements and the recovery of ATE insurance premiums.

In the insurance and indemnity field, David advises insurers and policy-holders on policy disputes concerning policy wording and coverage and indemnity issues, and advises in solicitors negligence cases.

David has expertise in cross-border PI claims and is regularly instructed in cases that raise issues as to jurisdiction and applicable law (Rome II) and he is used to working with foreign law experts in such claims.

David regularly lectures and presents seminars to solicitors and insurers. He has recently lectured on recent developments in EL claims, loss of earnings claims for the self-employed, costs claims and Part 36 developments. David sits on the Editorial Board of Kemp & Kemp: Law Practice and Procedure, and he edits the chapters on Provisional Damages, Interim Payments and MIB Claims.

Alex Carington

Alex’s practice encompasses 12KBW’s core areas with particular focus on travel, serious personal injury, clinical negligence, fraudulent claims and inquests.

Alex is recognised as a leading junior in Legal500 in travel law as “punching well above his weight and is already an established specialist in Athens Conventions claims”.

His passion remains in all forms of advocacy work, alongside his paper practice.

Alex has good working knowledge of German having read Law and German Law at Exeter University before completing a Masters in German Law at Saarland University, Germany. He enjoys learning from different jurisdictions and is an Honorary Member of the Tampa Bar, Florida, after taking part in an exchange programme there.

In his spare time, Alex enjoys baking, triathlon and skiing. He is a trained Level 2 Triathlon Coach and qualified to represent Team GB at age group level in the 2021 World Championships in Bermuda and the 2021 European Championships in Valencia. Alex brings his personal knowledge of sports coaching and procedures to his sports law practice.

Rachit Buch

Rachit specialises in personal injury, industrial disease, clinical negligence and international and travel law. He is ranked in the legal directories for personal injury: industrial disease (Band 2, Chambers & Partners) and clinical negligence (Tier 4, Legal 500). He is described as “a strong advocate”, who “excels at understanding both the overall picture and the important details of the case. He has a great manner with clients”.

His industrial disease practice focuses on mesothelioma claims and other asbestos-related diseases.

His clinical negligence practice includes birth-related claims, surgical negligence and delayed diagnosis in oncology and other disciplines.

He acts for claimants and defendants in high value and complex litigation. He has particular expertise in cases with an international element, including jurisdictional challenges, cases involving foreign law and accidents abroad.

Rachit has experience in cases involving a public law aspect, including liability of public bodies such as the Ministry of Defence. He was instructed in the Undercover Policing Inquiry, as well as having an established inquest practice.

He is instructed in claims involving issues of national security including sensitive military deployments or undercover policing.

Having studied Human Genetics for his first degree, Rachit applies his knowledge of scientific and medical issues to the law.

Charley Turton

Charley accepts instructions arising from illness and injury abroad, including under the Package Travel Regulations, and acts both for and against the major tour operators. She has extensive experience dealing with flight delay and cancellation claims pursuant to Regulation (EC) No. 261/2004.

Charley is able to advise on jurisdiction and applicable law and is experienced in handling Rome I, Rome II and the Brussels Regulations. Her special interests lie in claims involving the EU Motor Insurance Directives, and issues surrounding pleading and proving foreign law post-Brownlie.

Charley co-edited the Accidents Abroad chapter of the Butterworths Personal Injury Litigation Service, along with fellow members of the 12KBW International and Travel team.

When only two years’ call, Charley joined a team of counsel instructed to plead one of the highest value mass tort cases being litigated in Europe.

Recent experience includes successfully defending at trial a claim under the Montreal Convention brought by a passenger alleging that a hot drink was spilt on him by airplane staff.

Peter Hale

As a result of his previous work within the International & Travel sector, Peter has a great deal of experience in claims brought under the Brussels IA Recast Regulation and claims where the applicable law under Rome II is not English law. He has worked on claims involving accidents in France, Spain, Germany, Greece, Dubai, Bermuda and the United States. He is no stranger to jurisdiction challenges, including Forum Non Conveniens and is well-versed in interpreting expert evidence on foreign law. He has also worked on maritime claims within the Admiralty Court involving the application of the Athens Convention and the 1976 Convention on Limitation of Liability for Maritime Claims.

Peter has recently been instructed to act in claims involving the Package Travel Regulations, holiday sickness and foreign Road Traffic Accidents, acting for injured claimants as well as tour operators and travel agents.

Peter studied European Union law at a postgraduate level in France, speaks fluent French and is able to work with evidence in other European languages, including German and Spanish.

Before coming to the Bar, Peter worked in the International Injury department of a well-known specialist injury firm, dealing with catastrophic injuries sustained abroad or involving international elements. This has given Peter additional insight into cross-border litigation and catastrophic injury claims as well as the demands of running a busy caseload within a firm of solicitors, which enables Peter to give meaningful and practical advice on complex claims.

Peter has a postgraduate degree in European Law from the University of Rennes, France and has professional working proficiency in French as well as basic proficiency in German.

Cressida Mawdesley-Thomas

Cressida specialises in all aspects of Personal Injury law. She has a thorough and collaborative approach and is recognised by The Legal 500 as a Rising Star who “has already amassed an extremely impressive caseload, far beyond that of many barristers much more senior”.

In disease litigation Cressida acts for Claimants suffering from mesothelioma, lung cancer, diffuse pleural thickening and asbestosis. She is also experienced in VWF/ HAVS claims. She regularly appears in the Masters’ corridor and is well versed in limitation arguments and complex issues of causation. As second junior in Mather v MOD she helped obtain a settlement of over £3 million for a former RAF painter & finisher who developed MS following exposure to organic solvents in breach of the COSHH Regulations.

Cressida has particular interest in equine claims brought under The Animals Act 1971.  She is currently junior counsel in a high value, complex CRPS claim following a military riding accident. Cressida is adept at drafting schedules of loss in cases involving the loss of a military career.

In clinical negligence Cressida has experience in a range of different cases, including delayed diagnosis, as well as unnecessary and negligent surgery. This compliments her coronial practice where she is instructed in inquests involving multiple expert jurisdictions. She successfully obtained a regulation 28 prevention of future death report in a case arising out of the police’s treatment of head injuries and questioned experts in pathology, neuropathology, and toxicology.

Cressida is adept at handling complex motor insurance indemnity points. She successfully acted as Junior Counsel for the Second Defendant in Covea Insurance Plc v Greenaway [2021] 3 WLUK 379, considering the meaning of the ‘stolen or unlawfully taken’ exception under s. 151 of the Road Traffic Act 1988. Greenaway was the first case to practically consider how the domestic court is to interpret retained EU law under section 6(3) of the EU Withdrawal Act 2018. Unled she successfully acted for the Second Defendant in Kelec v (1) Kotwal (2) Nelson Insurance (HHJ Dight CBE, central London County Court, 18 August 2022). The case concerned the limits of a direct action under The European Communities (Rights against Insurers) Regulations 2002 (‘the 2002 Regulations’).

Cressida acts and advises in costs litigation, including detailed assessment hearings, where she is an effective advocate. She co-edits 12 King’s Bench Walk’s Costs blog with Deputy Costs Judge Andrew Roy.

Prior to coming to the Bar Cressida worked at a top American investment bank. She is highly numerate and drafts living and fatal schedules of loss beyond her year of call.