Fake Holiday Illness Claims Drive Up Travel Costs for British Tourists
Bogus sickness claims are adding hundreds of pounds to the cost of holidays for Britons, with experts warning that fraudulent allegations and associated legal fees are inflating prices across the travel industry. The issue has come to the forefront as travel giant TUI prepares to fight a multi-million pound class action lawsuit brought by hundreds of tourists who allege poor hygiene and food standards at Cape Verde holiday resorts made them unwell.
Multi-Million Pound Legal Battle Looms
Law firm Irwin Mitchell is leading the claim on behalf of approximately 1,500 holidaymakers who fell ill between 2022 and early this year while staying at resorts booked through TUI. A six-week trial is scheduled to take place at London's High Court at the end of next year, with legal sources suggesting Irwin Mitchell could recover over £10 million in costs alone if successful.
Initial filings show claims totalling between £200,000 and £400,000 for the first 64 litigants, averaging just over £3,000 each, though some claims are for as little as £10. Sonia Macleod, a research specialist in class litigation at Oxford University, told The Times that such claims and lawyer fees are "ultimately adding to the cost of everyone's holidays."
Historical Context and Financial Impact
In 2016, the trade association for tour operators Abta estimated that bogus sickness claims were adding up to 15 percent to the cost of a typical holiday. That same year, the estimated annual cost of fake claims brought to UK travel firms for gastric illnesses had reached £240 million.
With the average Briton spending roughly £2,600 on foreign trips in 2025, a 15 percent increase resulting from fake claims would add nearly £400 to individual holiday costs. Despite efforts like Thomas Cook's 2017 private prosecutions against claimants whose social media posts contradicted their illness allegations, Macleod notes that fake claims against travel companies have not ceased.
The Cape Verde Case Details
Around 300 claims have been brought after visitors fell ill during or following stays at TUI's Riu Palace Santa Maria Hotel in Cape Verde in 2022. The claimants attribute their gastric illnesses to improperly prepared food and drink, unhygienic swimming facilities, stray dogs, and rooms infested with cockroaches.
According to court documents, the 300 tourists are suing for upwards of £5 million, all having fallen ill during or after stays at the hotel. Infections reportedly increased through the summer, peaking in October when 110 people became ill with gastric problems.
Tragic Outcomes and Personal Stories
The case includes tragic elements, with six Britons having died after holidaying at the resort since January 2023. Among them is Jane Pressley, 62, who died in January 2023 just weeks after falling ill. Her widower is among the claimants seeking compensation.
Other deceased individuals include Mark Ashley, 55, of Bedfordshire; Elena Walsh, 64, from Birmingham; Karen Pooley, 64, of Gloucestershire; and two unidentified men from Watford, aged 56 and 60. All died after contracting stomach bugs in Cape Verde.
Lead Claimant's Experience
The lead claimant in the Riu Palace Santa Maria Hotel case is Nicky Morley from Paignton, Devon, who stayed at the resort in May 2022 and became ill with diarrhoea, vomiting and abdominal pain just one day into her holiday. She required hospital treatment in Cape Verde and has continued to suffer gastric issues, losing over four stone in weight.
"Since the holiday, I've struggled to socialise or eat out with friends as I'm anxious about my bowel issues," she said in a statement. "My whole life has been affected."
Legal Proceedings and Industry Response
During a recent hearing, Master Gidden ruled that the case should proceed with consideration of 30 lead claimants, whose outcomes will dictate the fate of all others. Barrister Stephen Cottrell noted that these claimants would give evidence about "what they ate, what they drank and what the swimming pool was like," with some suffering ongoing conditions like chronic fatigue syndrome.
Jatinder Paul, international serious injury lawyer at Irwin Mitchell, stated: "This is the first group action to go before the courts and therefore a major milestone in our clients' quest for answers. Those holidaymakers in this group action suffered serious and debilitating illnesses."
TUI is denying liability in the case. Meanwhile, the UK Health Security Agency has issued warnings about travel to Cape Verde, identifying 118 cases of shigella and 43 of salmonella linked to trips since October last year.
Broader Implications for the Travel Industry
Macleod highlighted the "disproportionality between payout and fees/costs," suggesting that lawyers are the primary beneficiaries of what she called "a kind of marketplace" for such claims. A barrister familiar with holiday sickness cases described it as "still a massive industry," noting the difficulty in proving or disproving whether someone felt sick on holiday.
Irwin Mitchell maintains that it adheres to "strict professional rules on costs, evidence and client care," with every case undergoing screening and being underpinned by detailed medical or expert evidence. The firm emphasized that quoted figures are speculative at this stage, as damages and costs have not been fully calculated.
As the legal battle unfolds, the travel industry continues to grapple with the financial and reputational impacts of both legitimate and fraudulent sickness claims, with holidaymakers ultimately bearing the cost through increased prices.
