LEGAL UPDATE: Wilson v TUI UK & Ireland

holiday sickness fundamental dishonesty costs solicitors

Samuels Solicitors acted for Mr Wilson, defending an application made in Manchester County Court by TUI, seeking a finding of fundamental dishonesty against him.

Mr Wilson brought a holiday sickness claim against TUI after falling ill in Tunisia, which he discontinued on the advice of his previous solicitors in May 2017. The usual rule would be that TUI should bear their own costs. However, TUI applied to the court for an order that Mr Wilson should pay their costs on the basis that his claim had been “fundamentally dishonest”.

In support of their application for a finding of fundamnetal dishonest, TUI alleged that there were inconsistencies in Mr Wilson’s evidence (such as the date when he first fell ill) and sought to rely upon the medical evidence recorded by the treating doctor in Tunisia.

Mr Wilson resisted the application on the basis that:

  • any confusion about the exact dates he fell ill was minimal and insignificant;
  • the evidence from the Tunisian doctor was minimal and in some cases illegible and had not been translated by the Claimant; and
  • an error by an expert in recording the wrong ear in which Mr Wilson suffered problems was not evidence of dishonesty on his part

A very important further issue, was the fact that Mr Wilson’s ex partner (who had been on holiday with him) had given evidence to support TUI. Mr Wilson’s view was that her evidence had been given maliciously.

The trial was heard by Recorder Rigby on 8 March 2018 when TUI’s application for a finding of fundamental dishonesty was dismissed. Recorder Rigby questioned Mr Wilson’s ex partner’s motivation in giving evidence in court against him and pointed out that the doctor who gave evidence to support TUI could not actually remember seeing Mr Wilson.

Recorder Rigby found that TUI had been unable to prove fundamental dishonesty and TUI were ordered to pay Mr Wilson’s costs of defending the application. 

Samuels Solicitors stepped in to assist Mr Wilson with his defence to TUI's application and we are delighted with Mr Wilson's success. Samuels has many decades of experience in assisting clients with various litigation matters, including personal injury claims, inheritance disputesboundary disputes and libel.

Contact us for an initial no obligation discussion about how we can help. 

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