In a legal win for a man who fell ill while on holiday in Turkey nine years ago, Peter Griffiths has won his battle for compensation with tour operator Tui. Suffering a “serious stomach upset” in 2014 at the Aqua Fantasy Aqua Park Hotel in Izmir left Griffiths with “long-term problems”, according to a judgement. A county court previously found against him, but five Supreme Court justices ruled in his favour.
Lord Hodge, one of the ruling judges, indicated that a medical expert’s report ignited the dispute, which was the focal point of the case. The expert said “on the balance of probabilities, the food or drink served at the hotel was the cause” of Griffith’s illness. However, Tui did not require the expert’s attendance during cross-examination at a county court trial.
The trial judge thought deficiencies in the expert’s report meant that Griffiths had failed to establish his case, due to the persuasiveness of Tui’s defence lawyers. These events led Lord Hodge to conclude that Griffiths had not received a fair trial, with the four other justices concurring.
Griffiths, an IT consultant, expressed his feeling of relief and joy that the Supreme Court had ruled in his favour. He had indicated earlier in the process that any compensation awarded would be around £30,000. Tui has not yet reported on the decision, while Griffiths anticipates being able to move on after years of litigation
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