The Court of Appeal has ruled that two holidaymakers who became ill should finally receive a fair settlement for their illness following a stay at the Bahia Principe in Cayacoa, Dominican Republic.

The Court of Appeal has today (16/01/2017) ruled that two holidaymakers who became ill, with one of them being hospitalised three times, should finally receive a fair settlement for their illness following a stay at the Bahia Principe in Cayacoa, Dominican Republic.

The holidaymakers instructed specialist travel lawyers at Irwin Mitchell after their all-inclusive holiday to Bahia Principe in March 2011 was ruined when they both became ill after consuming contaminated food and drink at the hotel.  

In the landmark Judgment handed down today (16 January 2017) Lord Justice Burnett makes it clear that the Judgment of the original Trial in Birmingham County Court should stand paving the way for the holidaymakers to finally receive a fair settlement. 

The original Trial Judge had found that the holidaymakers had become ill after consuming contaminated food at the hotel.  He ruled that this amounted to a breach of section 4(2) of the Supply of Goods and Services Act 1982 because food that was contaminated, and made a person ill, was not of ‘satisfactory quality’ as required under the 1982 Act.   After losing at the original Trial the Defendant holiday company TUI Travel PLC (trading as First Choice) appealed the Judgment and sought to rely on a technicality in the way the 1982 Act should be applied to the case.  

Commenting after the Judgment was handed down, expert International Personal Injury Team lawyers at Irwin Mitchell reiterated their disappointment that TUI Travel had repeatedly denied it was responsible for the holidaymakers’ illness and then appealed on a technical point of law.

The site is the sister hotel to the Bahia Principe resort in San Juan which was the scene of previous illness outbreaks. Irwin Mitchell has acted for clients in relation to all of those instances, notably achieving an overall £3.5 million settlement for over 500 tourists struck down by illness in a 2007 case.

Sadly, Dennis Wood, 62, from Clacton-on-Sea, Essex, was not aware of the negativity surrounding the resort when he booked the holiday for himself and his wife.

The retired drug and alcohol counsellor went for an all-inclusive two-week break to the Dominican Republic hotel at the end of March 2012, but it was not long before what was supposed to be a relaxing break became unforgettable for all of the wrong reasons.

Dennis said: “From the very first night we noticed a range of problems, particularly with the food. Fish dishes were often very undercooked and we saw red meat being cooked on nothing more than a hot plate. We didn’t see any of these being cleaned before the staff added different meats to the same hot plate. I couldn’t believe anyone would think this was acceptable.”

Sadly for Dennis, the lack of food hygiene standards meant it was unsurprising when he fell ill. However, the seriousness of the problems was shocking.

“I suffered diarrhoea, stomach cramps, drastic weight loss and dehydration before being rushed to hospital after just days out there,” he recalls. “I stayed for five days and was diagnosed with both eyesight and bacterial problems - I was an absolute mess.”

Following the time in hospital, Dennis spent the majority of his remaining time in his hotel room. However, despite this, his health problems showed no sign of improvement.

He explains: “Once we got home I went to pick up our car from a hotel where we left it, but I suddenly felt very faint in the lobby of the building and collapsed.

“I can’t remember too much but know I was taken to hospital by paramedics and stayed for five hours while they checked me over. I was advised to go and see my GP and did so a few days later. Unbelievably he told me to go back to the hospital!”

He added at the time: “I’ve been through hell all because I stayed at that hotel and I wanted answers as to why this happened to me”.

“It was like an expensive prison and if I had any idea about its reputation before going I wouldn’t have set foot on the plane at all. Tour operators can’t play with people’s lives like this.”

Speaking after the landmark Court of Appeal decision, Dennis said: “I had no doubt that this appeal by TUI would fail given how hard Irwin Mitchell worked on the original Trial.  I am very impressed with the work done on our behalf and we are really happy with the result.”

Simon O’Loughlin, a specialist international personal injury lawyer at Irwin Mitchell representing the couple said: “Dennis is understandably devastated by what happened to him and he has good reason to be. But we are happy that he can now put this ordeal behind him. 

“Dennis and his wife went on holiday expecting an amazing relaxing break but it was ruined by the horrible illness he suffered and then to add insult to injury the tour operator has fought them through two court hearings to avoid liability by seeking to rely on a technical interpretation of the law

“The Court of Appeal judges have unanimously agreed in his favour and we see this as a victory for common sense. The couple only ate food and drank in the hotel and Dennis suffered very severe gastroenteritis as a result. Their holiday was ruined and they deserve a fair settlement to enable them to put it behind them and move on."

If you've suffered an illness while abroad or on holiday, our personal injury solicitors could help you claim compensation. Visit our Holiday Sickness Claims & Illness Compensation page for more information.