Turbulence in Holiday Sickness Claims
Holiday Sickness cases are a highly discussed topic at present as we are seeing more tactics from the tour operators in order to delay admitting liability and/or investigating the case to avoid paying damages to Claimants that have suffered significant sickness and injury.
In the recent case of Linda Lavery & Leslie Lavery v TUI Limited the Claimants became ill with diarrhoea for a period of 12-14 days whilst on holiday in Egypt. They believed this was due to the hotel food not being served at the correct temperature, cats and flies in the eating area and cups and crockery being dirty. Judgment was held in favour of Mr and Mrs Lavery as they provided evidence which was ‘compelling’ and the Defendants, TUI Limited failed to provide a shred of evidence to show that good food hygiene procedures were being followed.
The Judge awarded damages in the total sum of £6,000.00 to be paid by no later than 28 July 2017, but this was never received. So further action was taken by the Claimants lawyer to enforce such Judgment by the Court and ordered a High Court Enforcement group to ensure the Defendants paid this settlement.
The debt has since been cleared by TUI Travel and stated it was an “administrative error”.
In light of this case, it was discussed that an industry- wide claims register should be set up to show other claims which may be against the same hotel, thus given access to disclosure. There could be a number of claims against the same hotel at any given time, but the firm dealing will only be aware of their own cases, thus creating a disadvantage when dealing with disclosure.
Kerry Blomerus, Solicitor