Holidaymakers sue travel firm for £5million after gastric illnesses

Holidaymakers are suing travel firm TUI for £5million in damages after they suffered gastric illnesses at a five-star Cape Verde hotel.

Around 300 claims have been brought after hundreds of British tourists fell ill during or following stays at the Riu Palace Santa Maria Hotel in Cape Verde in 2022.

Blaming improperly prepared food and drink, unhygienic swimming facilities, stray dogs and cockroaches, lawyers for the claimants are now suing the travel firm at the High Court.

The group action is the first in a series of claims brought through lawyers Irwin Mitchell to reach court following an explosion in gastric problems among visitors. 

According to lawyers, more than 1,500 tourists fell ill after booking holidays in Cape Verde – six of which sadly died, with their families now bringing personal injury claims against TUI, which provides package holidays to the popular African destination.

Elena Walsh, 64, from Birmingham, Mark Ashley, 55, of Bedfordshire, 64-year-old Karen Pooley, from Gloucestershire, and a 56-year-old man all died in 2025 after contracting severe gastric illnesses while on the islands off the coast of West Africa.

Jane Pressley, 62, from Gainsborough, also died in January 2023 after falling ill while staying at the Riu Palace Hotel in Santa Maria, Sal, while a man in his 60s from Watford died in November 2024 following gastric illness after a trip to Cape Verde.

The claims cover several Cape Verde hotels, but those involving the all-inclusive TUI-run Riu Palace Santa Maria Hotel were the first to reach court for a pre-trial hearing last week.

Judge Master Mark Gidden said the claims will be decided in a six-week trial at the end of next year. 

Among the claimants are Devon author Nicky Morley, who says she has lost more than four stone since her illness, and the widower of Jane Pressley.

The resort is built on the edge of the beach on the island of Sal, in Cape Verde, and features a waterpark, six swimming pools, a spa and several restaurants.

According to documents placed before the court, the 300 tourists involved are suing for upwards of £5million, all having fallen ill during or after stays at the hotel during 2022.

Infections increased through the summer, before peaking in October, when the holidaymakers’ lawyers say 110 people all became ill with gastric problems.

‘The claimants were all staying at the hotel on an all-inclusive basis, so that they all ate and drank exclusively – or in some cases predominantly – at the hotel during their time in Cape Verde before they became ill,’ they said in claim documents.

‘Each of the claimants became ill with symptoms of gastric illness either during their stay at the hotel or shortly after their departure from the hotel.

‘Each claimant claims damages for personal injury in respect of that illness, which each claimant will say was contracted at the hotel.’

As well as complaining of undercooked food and dirty swimming pool water, the holidaymakers claim their rooms at the hotel were ‘unsanitary, infested with pests such as cockroaches, and/or otherwise not reasonably clean’.

They added there were ‘numerous stray dogs present on the hotel’s private beach’ which was ‘littered with dog mess’.

One of the claimants is Michael Pressley, the widower of Gainsborough mother-of-two Jane Pressley, who died, aged 62, in January 2023, weeks after falling ill on holiday.

Two days into her holiday, Mrs Pressley fell ill with gastric and flu-like symptoms, her lawyers say, with her condition worsening on her return to the UK.

She was hospitalised on Christmas Eve, with doctors suspecting a bacterial infection and prescribing antibiotics. She died a few days later in January 2023.

The lead claimant in the Riu Palace Santa Maria Hotel case is Nicky Morley, from Paignton, Devon, who stayed at the resort in May 2022 and became ill, suffering with diarrhoea, vomiting and abdominal pain, only a day into her holiday.

She ended up at a hospital in Cape Verde, where she was given intravenous fluids and medication, but has continued to suffer gastric issues since, losing more than four stone in weight.

‘Since the holiday, I’ve struggled to socialise or eat out with friends as I’m anxious about my bowel issues,’ she said in a statement. ‘My whole life has been affected.’

During last week’s hearing, Master Gidden said the case should proceed by way of consideration of 30 lead claimants, the decisions on which will dictate the fate of all the others.

‘It should be a sample of cases – some simple, some complex, but they should be representative, including some with continuing symptoms,’ he said.

For the holidaymakers, barrister Stephen Cottrell said the 30 would give evidence at the trial about ‘what they ate, what they drank and what the swimming pool was like’.

He said three of the 300 have ‘ongoing chronic fatigue syndrome,’ some have respiratory problems and one more had a stroke – ‘very, very nasty conditions’.

After a short hearing which was conducted via a video link, the judge ordered a six-week trial to take place towards the end of next year.

Jatinder Paul, international serious injury lawyer at Irwin Mitchell, said: ‘For several years, we’ve had numerous holidaymakers instructing us to investigate serious illnesses linked to stays in Cape Verde.

‘This is the first group action to go before the courts and therefore a major milestone in our clients’ quest for answers. Those holidaymakers in this group action suffered serious and debilitating illnesses.

‘The impact of serious gastric illnesses should never be downplayed. They can lead to long-term health complications, and in some cases, can even prove fatal.’

TUI is denying liability.

Last week, the UK Health Security Agency (UKHSA) issued a warning over travel to Cape Verde.

Since October 1 last year, the agency has identified 118 cases of shigella and 43 of salmonella linked to trips to the West African archipelago.

People travelling to Cape Verde are now advised to eat food that is freshly prepared, fully cooked and served piping hot, use bottled or boiled water and avoid ice in drinks, only eat fruit they have peeled themselves and avoid salads that may not have been washed in clean water.