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Published on Monday, December 3, 2018

Judge throws out fake holiday illness case, then refers claimant to police

A man who claimed he had suffered food poisoning on holiday has had his case thrown out of court and could now be prosecuted for a crime.

As well as ordering 30-year-old Tom Oakley to pay £9,000 in costs to TUI, the judge also referred the case to police and asked them to investigate whether the bogus claim constitutes criminal activity.

TUI described the judge's decision to refer the matter to police as 'a new move'.

The Mail Online reports Oakley, from Northampton, claimed he had fallen ill on a TUI holiday at the all-inclusive Hotel Helena Park in Sunny Beach, Bulgaria, in July 2015.

He had appointed 'no win, no fee' solicitors to claim £2,500 as compensation for illness that included diarrhoea and abdominal cramps. In his claim, he said he'd been unable to leave his hotel room for two days and had to postpone a boat trip

However, Facebook photos revealed he was sipping cocktails and eating in restaurants with his then-girlfriend, at the time he claimed to be ill, as well as enjoying a sunset cruise.

Oakley and 31-year-old Claire Fursey had also posted positive messages, including one saying: "It's been an amazing two weeks, Bulgaria, it's been a pleasure."

TUI managing director Andrew Flintham said: "Not only has Mr Oakey been found to be fundamentally dishonest and ordered to pay our costs but, in a new move, the court has also referred the matter to police for them to make any inquiries about any criminal offences which may have been committed.

"We hope this sends out a clear message to anyone else considering making fraudulent sickness claims."

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