Tunisia victims’ families to sue TUI

Solicitors representing families of 22 of the 30 Britons shot dead in a one-man terrorist attack while on holiday in Sousse said today that they would be making a civil claim against TUI.

Speaking after the coroner announced that all 30 were unlawfully killed, Irwin Mitchel said it would be seeking damages for those who lost members of their families, as well as those who were injured.

One of those being represented by the law firm is Suzanne Richards, a former travel agent who lost her eldest son, her brother and father in the attack. "Having heard all the evidence, I am personally convinced that an attack of this nature was entirely predictable and that there was a responsibility placed upon the Tunisian authorities and TUI to put safety structures and procedures in place to secure the safety of their customers," she said in a statement after today’s conclusion of the inquest.

"My family placed their trust in the fact that TUI, with all their knowledge and expertise, would not allow my family to travel to a hotel or destination where their safety was not the first priority – and yet, despite the Bardo museum attack only months earlier, they received no advice /warning. I am concerned that customer safety did not seem to be a priority.

"I believe this top five-star hotel was chosen by a terrorist cell because it was an easy target.

"I hope people will never to forget what happened to my family, that within 12 hours of being on holiday my eldest son, my dad & my brother were murdered & the only protection they had was each other.

"Words will never explain the devastation of losing my family in such a horrific manner and every day is a colossal struggle without them. But mom and I are blessed we still have Owen which makes our lives worth living.

"Nothing will bring my son, dad and brother back but I only hope from their deaths lessons will be learnt. 

"The travel industry process of booking and giving travel advice needs to be reviewed, by implementing robust travel advice and security audits before and during all holidays to safeguard the customer & the industry.

"Safety before a sale."

In delivering his verdict of unlawful killing, coroner Judge Nicholas Loraine-Smith ruled out neglect by Thomson or the hotel where the attack took place.

However, Andrew Ritchie QC, representing the 22 families, said: "Coroners Courts have strong powers to investigate incidents but very restricted powers in relation to any failings apparent from the evidence. In these inquests, the coroner and the Counter Terrorism Squad put enormous effort into investigating this tragedy and a lot of evidence was given to the Court about what happened leading up to the massacre and on the day.

"But the Coroner was not empowered to give any verdict regarding anyone’s negligence or civil liability. He could only make findings of fact, phrasing those neutrally and then giving his verdict of unlawful killing.

"The Coroner’s verdict reflects that structure and for the families the structure was both helpful and frustrating.

"Many of the families gave evidence that they were unaware of the FCO travel advice that there was a ‘high threat from terrorism’ in Tunisia and/or were unaware of the detailed content of the travel advice and that neither TUI’s 2015 written brochure nor their 2015 website informed them of the content of the FCO travel advice before they booked.

"On behalf of the families, I will now make further submissions to the Coroner about a report aimed at preventing future deaths and in relation to the FCO’s Travel Aware campaign."

TUI said the operator now included links to the Foreign Office travel advice on ‘nearly’ every page of its website, in brochures and in customer documentation.

TUI UK managing director Nick Longman added: "What happened on that tragic day on 26 June 2015 in Tunisia shocked and devastated all of us. Our immediate heartfelt condolences went to the families and friends of those so tragically affected.

"On behalf of everyone at TUI UK, I would like to again extend our deepest sympathy. We are so very sorry for the pain and loss those affected have suffered.

"Over these last few weeks we have heard very personal and very moving accounts of what happened during and after the terrorist attack.

"We have played a full and active role throughout the process of the Inquests and we, like others, wanted to understand the specific circumstances surrounding these tragic events.

"We have now heard the coroner’s findings and his comments regarding the provision of security and visibility of travel advice. These are complex matters and we have already taken steps to raise awareness of the FCO’s Travel Aware campaign. Together with the travel industry in light of these comments we must now take some time to further reflect on these areas.

"On that day the world changed. As an industry we have adapted and we will need to continue to do so. This terrorist incident has left its mark on all of us and its impact will always be remembered."