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Legal 500 (2013)

Over £200,000 paid in damages following holiday illness legal battle

Tour Operator Goldtrail Travel Limited has settled the claims of 127 Claimants for holidays taken to the Sarba 5 and Sarba 6 resort in Marmaris, Turkey.

The majority of the 127 holidaymakers Irwin Mitchell acted for had complained of diarrhoea and sickness and some have long term conditions including Irritable Bowel Syndrome (IBS) contracted as a result of their illness during their stay.  Many of the guests complained of poor hygiene standards, lack of facilities and a poor buffet service of food in the hotels.

Goldtrail Travel Limited denied liability throughout the life of the claim and provided limited evidence as to why liability for these claims was denied.  However, supportive medical and causative evidence was ascertained from eminent experts in the fields of gastroenterology and microbiology.   

Despite the supportive evidence for the Claimants, a three week Trial was due to take place in April 2009.  However, negotiations commenced prior to the case going to Trial and a successful settlement package was reached. Irwin Mitchell were able to obtain total damages in excess of £200,000 for the Claimants.

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"We were very happy with the outcome of our case, especially as we were initially offered nothing from the Tour Operator. Irwin Mitchell were very professional throughout and we are very happy with the outcome."

Chris and Michael, Worksop