11th November, 2020

Ben Morris secures an award of exemplary damages and a finding of fundamental dishonesty in a holiday illness claim

Ben has secured an award of exemplary damages and a finding of fundamental dishonesty in a holiday illness claim following a successful counter claim in the tort of deceit and unlawful means conspiracy.

Ben was instructed on behalf of the tour operator, Jet2 Holidays Ltd, in defence of two claims for holiday illness allegedly suffered during a package holiday to Majorca. Investigations into the claims discovered that despite the alleged severity of the Claimants’ symptoms, which included assertions that at times they were curled in balls due to pain and were unable to leave their hotel room, the Claimants' social media  indicated that they had in fact continued to attend large scale dance music events and socialise during their holiday.  In light of the evidence the Defendant brought a counterclaim in the tort of deceit and unlawful means conspiracy for the recovery of the Defendant's investigation costs and for exemplary damages.  The Court ultimately concluded that the Claimants' claims were fundamentally dishonest, resulting in an enforceable costs liability to the Defendant for the costs of their claims.  The Defendant also succeeded on its counterclaim, recovering its investigation costs and securing an award of exemplary damages against both Claimants. Whilst the costs of the claim and counterclaim will be subject to detailed assessment the Claimants' costs liability is likely to be significant.

Ben Morris was instructed by Alistair Burford of Messrs. Berrymans Lace Mawer.

Latest News...

We are seeking applicants for a Deputy Practice Manager

27th July, 2021
We are inviting applications to join one of Manchester’s leading chambers as a Deputy Practice Manager. The successful candidate will be joining a specialist clerking team looking after the interests of our established Business and Property, and Employment Teams.

Appointment of a Salaried Employment Judge of the Employment Tribunals (England and Wales): Eeley

23rd July, 2021
Chambers are delighted to announce Rebecca Eeley has been appointed to Salaried Employment Judge and will be taking up her full time appointment on 6 September 2021.

Lena Amartey discusses outreach and the Bar Council's Pupillage Fair

21st July, 2021
Lena Amartey, who is also the EDSM Officer for the Northern Circuit, has featured on the Bar Council's Blog.