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.

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