A 61-year-old IT consultant who fell ill on a package holiday to Turkey has won a nine-year legal battle against tour operator Tui in the Supreme Court. Peter Griffiths, from Fleet, Hampshire, suffered a serious stomach upset at the Aqua Fantasy Aqua Park Hotel in Izmir in 2014, which led to long-term health problems.
The Supreme Court unanimously ruled that Mr Griffiths did not receive a fair trial in earlier proceedings, where a county court judge and the Court of Appeal had ruled against him. The dispute centred on a medical expert's report, which stated that food or drink at the hotel was the probable cause of his illness. Tui did not cross-examine the expert at trial, but later argued that deficiencies in the report meant Mr Griffiths had failed to prove his case.
Lord Hodge, delivering the judgment, said the trial judge erred by not considering the fairness of the trial given Tui's failure to cross-examine the expert. The ruling overturns previous decisions and paves the way for Mr Griffiths to seek compensation, estimated at around £30,000.
Lawyer Jatinder Paul of Irwin Mitchell described the case as a 'David v Goliath' dispute, noting the toll on Mr Griffiths and his family. Mr Griffiths said he felt vindicated that justice had been served by the highest court in the land.
