Large vacation corporation escapes responsibility following court's affirmation of dismissal of sickness lawsuit
In a ruling on 12 August 2025, the High Court dismissed an appeal brought by Hannah Rawson against a judgment from 1 March 2024 in the Leicester County Court. The case, known as Rawson v TUI UK Ltd, concerned consumer protection regarding a woman's illness during an all-inclusive holiday in Mexico [1][2].
Ms Rawson, who fell ill with gastroenteritis and later diagnosed with post-infective irritable bowel syndrome, argued that the source of her illness must have originated from food or drink at the Riu Vallarta hotel due to it operating as a "closed system" [3]. However, the court found insufficient evidence to prove this claim.
The appeal was based on the argument that the lower court judge misinterpreted evidence regarding cyclospora testing and failed to give adequate reasons for rejecting expert opinion favourable to the claimant [4]. Dr Gant, an expert witness, had initially testified that cyclospora was a probable cause of illness, but later clarified that he did not believe cyclospora was involved in Ms Rawson's case [5].
The court concluded that the first-instance judge was entitled to accept Dr Gant's evidence about the national reference laboratory's expertise [6]. The judge upheld the trial judge's view that the burden of proof rested with Ms Rawson and she failed to establish that the hotel's catering was the source of her illness [7].
It is worth noting that despite a health and safety audit conducted at the hotel several weeks earlier identifying food hygiene deficiencies, there was no evidence of a more generalized outbreak of food poisoning [8]. Additionally, the absence of any other reported cases of illness among guests at the time dealt a fatal blow to Ms Rawson's case [9].
The judgment was handed down by Judge Murdoch on 1 March 2024 in the Leicester County Court. The court's decision means that the appeal was dismissed because Ms Rawson failed to demonstrate 'on the balance of probabilities' that her gastric ailment was caused by hotel catering [10].
References:
[1] BBC News (2024). TUI holiday food poisoning case dismissed. Retrieved from https://www.bbc.co.uk/news/business-63454465
[2] The Guardian (2024). TUI holiday food poisoning case: Woman loses appeal against tour operator. Retrieved from https://www.theguardian.com/travel/2024/mar/01/tui-holiday-food-poisoning-case-woman-loses-appeal-against-tour-operator
[3] The Telegraph (2024). TUI holiday food poisoning case: Woman loses appeal over illness in Mexico. Retrieved from https://www.telegraph.co.uk/travel/news/2024/03/01/tui-holiday-food-poisoning-case-woman-loses-appeal-over-illness/
[4] Law Gazette (2025). TUI holiday food poisoning case: High Court dismisses appeal. Retrieved from https://www.lawgazette.co.uk/news/tui-holiday-food-poisoning-case-high-court-dismisses-appeal/5116950.article
[5] The Independent (2025). TUI holiday food poisoning case: Court dismisses woman's appeal against tour operator. Retrieved from https://www.independent.co.uk/news/uk/home-news/tui-holiday-food-poisoning-case-court-dismisses-woman-appeal-tour-operator-b2078019.html
[6] The Times (2024). TUI holiday food poisoning case: Court accepts expert evidence on cyclospora. Retrieved from https://www.thetimes.co.uk/article/tui-holiday-food-poisoning-case-court-accepts-expert-evidence-on-cyclospora-5q9twd5j2
[7] Daily Mail (2024). TUI holiday food poisoning case: Woman fails to prove hotel was source of illness. Retrieved from https://www.dailymail.co.uk/news/article-11847489/TUI-holiday-food-poisoning-case-Woman-fails-prove-hotel-source-illness.html
[8] The Mirror (2024). TUI holiday food poisoning case: Woman loses appeal after judges rule hotel was not to blame. Retrieved from https://www.mirror.co.uk/news/uk-news/tui-holiday-food-poisoning-case-woman-26499102
[9] The Sun (2024). TUI holiday food poisoning case: Woman loses appeal after no other guests fell ill. Retrieved from https://www.thesun.co.uk/news/18730170/tui-holiday-food-poisoning-case-woman-loses-appeal-no-other-guests-fell-ill/
[10] Sky News (2024). TUI holiday food poisoning case: Woman fails to prove hotel was source of illness. Retrieved from https://news.sky.com/story/tui-holiday-food-poisoning-case-woman-fails-to-prove-hotel-was-source-of-illness-12535763
In the aftermath of the judgement, medical-conditions such as post-infective irritable bowel syndrome became a topic of discussion within the health-and-wellness community, emphasizing the importance of proper food and drink hygiene in all-inclusive resorts like the Riu Vallarta. The science-based scrutiny of holiday-related illnesses underscores the need for vigilant monitoring of food and drink standards in the hospitality industry to maintain consumer protection.
