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11 months ago
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A man who suffered serious problems from an upset stomach on holiday in Turkey has won a Supreme Court battle for compensation after a decade-long battle with travel firm Tui.
Peter Griffiths, 61, says he became unwell while staying at Aqua Fantasy Aqua Park hotel in Izmir with his wife and son in 2014.
Mr Griffiths was previously handed a £29,000 payout in 2020 but this was overturned by the Court of Appeal the following year, which found against his claim that his illness was caused as a result of eating at the all-inclusive hotel.
IT consultant Mr Griffiths took his case to the Supreme Court and five judges have now ruled in favour, after stating that he not have a fair hearing.
The judges indicated, at an earlier stage, that any compensation awarded would be about £30,000.
Mr Griffiths, of Fleet, Hampshire, said: ‘I am delighted, but also very relieved, that the Supreme Court has ruled in my favour.
Peter Griffiths, 61, has won a compensation battle with travel firm Tui after he suffered long-term problems from an upset stomach while on holiday in Turkey
Mr Griffiths became ill while staying at Aqua Fantasy Aqua Park hotel in Izmir with his wife and son in 2014
Tui argued against Mr Griffiths' claim that his illness was caused as a result of eating at the all-inclusive hotel
‘Following so many years of litigation, my case has taken a toll on my family and I, but I now feel vindicated that justice has been served by the highest court in the land, allowing us to move on with our lives.’
Justices Lord Hodge, Lord Lloyd-Jones, Lord Briggs, Lord Burrows and Lord Stephens had considered arguments at a Supreme Court hearing in London.
They upheld the challenge to a ruling by Court of Appeal judges on Wednesday.
Lord Hodge explained, in a written Supreme Court judgment, how the dispute centred on a report by the medical expert.
Lord Hodge said the expert had ‘opined that, on the balance of probabilities, the food or drink served at the hotel was the cause of Mr Griffiths’ stomach upset’.
Tui had not required the expert to attend a county court trial for cross-examination.
But lawyers representing Tui had persuaded the trial judge that ‘deficiencies in the expert’s report’ meant that Mr Griffiths had ‘failed to prove his case’.
‘The appeal raises a question of the fairness of the trial,’ said Lord Hodge.
‘The question is whether the trial judge was entitled to find that the claimant had not proved his case when the claimant’s expert had given uncontroverted evidence as to the cause of the illness.’
He concluded that Mr Griffiths had not had a fair trial - and the four other justices agreed.
This map shows the location of the Aqua Fantasy Aqua Park Hotel and Spa in Izmir, Turkey
He said he took all of his meals at the hotel, which boasts six restaurants (one pictured) and nine bars along with a huge water park
‘Both the trial judge and the majority of the Court of Appeal erred in law in a significant way,’ added Lord Hodge.
‘The trial judge did not consider the effect on the fairness of the trial of TUI’s failure to cross-examine (the expert).’
Lord Hodge added: ‘In my view... Mr Griffiths did not have a fair trial.’
Lawyer Jatinder Paul, who represented Mr Griffiths and is based at law firm Irwin Mitchell, said after the ruling: ‘It’s been tough for Peter since 2014, dealing with the ongoing effects of his illness while also dealing with a David v Goliath legal battle against a tour operator with very deep pockets.’
He added: ‘Following years of litigation, and numerous legal challenges, we’re delighted that the Supreme Court has now ruled that Peter did not receive a fair trial.’
English (US)