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Published on Monday, March 19, 2018

Fake holiday sickness claimants ordered to pay record damages

A couple who falsely claimed they'd fallen ill on a TUI holiday have been ordered pay a record £15,000 in damages to the operator.  

TUI, meanwhile, has raised concerns with regulators because it transpires that the GP who confirmed the couple's sickness is married to a partner in the law firm that took the case.

It says this relationship raises serious ethical and legal questions and has brought it to the attention of the relevant governing bodies.

In a ruling at Liverpool County Court, Recorder Sally Hatfield QC, said the claimants - Chelsea Devine, 21 and Jamie Melling, 22, from Liverpool - were 'fundamentally dishonest' and she ordered them to pay a record £15,000 in damages to TUI.

Nine months after returning from their Benidorm holiday in 2016, the couple submitted identical claims for £2,500 each, saying the food and drink at the holiday resort left them ill for weeks.

However, social media posts showed otherwise, according to Mail Online.

The judge said the couple had not complained at the time of their 10-day stay at the Levante Beach Apartments and said their statements were written by someone else.

She said: "I find that they have not proved that they were ill.

"There is no evidence of contamination. I accept the evidence of the hotel, and there is no evidence of any outbreak."

The Mail on Sunday says TUI has reported Dr Zuber Bux, the medic who gave evidence supporting the Devine and Melling's claim, to the General Medical Council after finding out he is married to a partner at the legal firm representing them.

TUI has also reported Dr Bux's wife, Sehana Bux, who works at AMS Solicitors in Preston, to the Solicitors Regulation Authority.

TUI said: 'We believe the fact that medical evidence is being produced by the husband of a partner of AMS, the firm of solicitors representing Ms Devine and Mr Melling, raises serious and obvious ethical and legal questions.

"We've made the General Medical Council and the Solicitors Regulation Authority aware of this and also highlighted our concern to the court."

TUI added: "It's disappointing we have had to go this far to defend our industry and hotel partners, as well as protect honest holidaymakers. The court has found they brought claims that are fundamentally dishonest and have been ordered to pay our costs.

"This goes to highlight the penalty you can face if you bring an exaggerated or fraudulent holiday sickness claim."

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  • Good

    Good that they are being fined, as otherwise all customers end up paying for these fraudulent claims. The solicitors should also be fined - rather more than the claimants as they clearly did not do their job and possibly encouraged the claimants.

    By Sylvia Cook, Friday, March 23, 2018

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