More Than 800 UK Holidaymakers Launch High Court Legal Action After Being Struck Down By Severe Illness Linked To Cape Verde

More than 800 British tourists struck down with serious illnesses linked to holidays in Cape Verde have launched High Court legal action against a tour operator.

Now, following a period of investigation, and after TUI UK Limited (TUI) has failed to engage with the holidaymakers, law firm Irwin Mitchell has served proceedings against the tour operator on behalf of 836 people who suffered gastric illness during or after staying at four and five-star resorts in the West African country during 2022.

Holidaymakers hospitalised with illnesses including E.coli, salmonella and shigella

The holidaymakers have contracted serious conditions including E.coli, salmonella and shigella, with some testing positive for the Cryptosporidium parasite, with many holidaymakers hospitalised as a result, either abroad or back in the UK. They include children as young as six-months-old.

The hotels and the numbers who Irwin Mitchell represent in the High Court are:

• Riu Palace Boavista: 57 holidaymakers
• Riu Palace Santa Maria: 300 tourists
• Riu Funana – 183 holidaymakers
• Riu Cabo Verde: 105 tourists
• Riu Touareg: 25 holidaymakers
• Melia Dunas – 70 holidaymakers
• Sol Dunas, now called TUI Suneo Dunas – 64 holidaymakers
• TUI Blue Cabo Verde – 32 tourists

Legal experts issuing High Court proceedings on further outbreaks

All of the cases stem from holidays taken in 2022. The legal experts are expected to issue further High Court legal proceedings in the coming weeks in connection with illness outbreaks at other hotels in Cape Verde.

In total Irwin Mitchell has been instructed by more than 1,400 people who have being struck down by illness connected to Cape Verde between 2022 and 2025.

Jatinder Paul is the specialist international serious injury lawyer at Irwin Mitchell representing the 836 tourists. 

Expert Opinion

“The number of people to have fallen seriously ill in Cape Verde over the past three years is truly staggering. Following investigations we’ve now issued proceedings in the High Court in several hundred cases and this number will continue to increase in the coming months if TUI refuse to engage with us.

“The effects of gastric illness can be very serious and should never be downplayed. As many of our cases demonstrate, they can result in life-changing complications and in some cases, even death.

“Nearly three years on, many of our clients for whom we’ve issued legal proceedings on behalf of continue to suffer from debilitating symptoms linked to their illness. While it’s too late for those we represent in terms of their holiday being ruined by such illness, we’re determined to provide them with the answers they deserve and where appropriate access to ongoing support and treatment they may require.

“Despite the seriousness of these cases, it is regrettable that TUI have failed to resolve these claims amicably. We call on TUI to work with us to resolve these cases as quickly as possible so that our clients can try and start to put the past behind them.” Jatinder Paul

Holiday illness: Cape Verde

It is alleged that TUI breached its legal duties to ensure that the holidaymakers did not fall ill at the resorts in question and failed to ensure that the hotels and swimming pools were reasonably clean. The legal documents filed at the High Court argue that the tour operator breached its duty for a variety of reasons, for example, it caused or allowed food to be undercooked, served at an incorrect temperature and reused in later meals.

TUI has either expressly denied liability, or failed to reply, on all of the 836 cases.

Woman loses more than four stone following Riu Palace Santa Maria illness

Nicky Morley from Paignton, Devon, holidayed at the five-star Riu Palace Santa Maria resort between 10 and 25 May 2022.  The 54-year-old author was there with her partner. They paid over £2,000.

One day into the holiday, Nicky believes she was served raw pork the hotel’s poolside barbecue restaurant. Later that day she began suffering with diarrhoea, vomiting and abdominal pain.

She ended up at a hospital in Cape Verde, where she was administered intravenous fluids and medication. Following her discharge, Nicky returned to the resort. She was advised to eat plain food and ordered grilled chicken, but again it appeared raw.

Nicky said the flight home was “extremely uncomfortable.”  On her return to the UK, she contacted a GP who prescribed antibiotics.  However, since returning from the holiday, Nicky continues to suffer with diarrhoea, urgency, pain and nausea.  She has lost more than four stone and almost three years later continues to eat a very limited diet.

Nicky said: “Not for one minute did I ever expect to fall ill like I did. It’s just not something you expect to pick up in a five-star hotel, but the fact that I was served raw food on more than one occasion makes me suspect many others would have also been sick.

“The hygiene at the resort was also pretty questionable, with flies and birds seen around the food area.  The chefs I saw weren’t wearing gloves or hairnets either, which I would have thought would have been basic health and safety.

“Since the holiday, I’ve struggled to socialise or eat out with friends as I’m anxious about my bowel issues.  My whole life has been affected.”

Children airlifted to hospital after falling ill at Hotel Riu Funana

Kelly Barrett is among the near 200 holidaymakers to ask Irwin Mitchell to investigate after her young children fell ill while staying at Hotel Riu Funana in Sal.

The family, from Whitland, Carmarthenshire, Wales, paid over £5,000 for the 14-night holiday to the Cape Verde between 22 November and 6 December 2022.

However, a few days into the holiday siblings Rowan and Dennie, now aged four and three, fell ill with gastric symptoms including stomach cramps, diarrhoea and vomiting.

Kelly, 37, sought medical advice in resort. However, Rowan was admitted to hospital overnight on 26 November before being discharged followed by Dennie on 28 November.

However, the pair’s symptoms continued to deteriorate. The family were airlifted to hospital in Tenerife so the children could receive expert medical treatment.

As a result of their illness the family did not fly back to the UK until 8 December and more than two years on the siblings continue to be affected by their illness, including an altered bowel habit, while Rowan has developed a fear of doctors.

The family’s concerns included ants in the buffet restaurant as well as staff not monitoring or cleaning the swimming pool, the water of which they said did not smell of chlorine.

Kelly, a homemaker, said: “For weeks we’d researched where to go and looked at various options. We chose the resort as it looked like everything we wanted. We made sacrifices and saved hard for months to enjoy what we thought would be a special family holiday. 

“However, the enthusiasm and excitement we had about our holiday quickly vanished. Seeing the children so poorly was absolutely awful. As a parent all we wanted to do was help and care for Rowan and Dennie, but we felt so powerless.

“Even after they got to hospital nothing changed. Getting airlifted just showed how serious it was, but it was such a relief getting off the island and Rowan and Dennie getting the help they needed.

“More than two years on the children still aren’t right and suffer with symptoms. The scary thing is we don’t know how long they may be affected.

“The holiday went from what we hoped would be a dream trip to a disaster. What’s even more concerning is that we appear not to be alone.

“I wish we’d never have booked the holiday, but I know I can’t turn the clock back. However, we deserve answers and because of TUI’s stance have been left with no choice but to get those in court.”

Support available

Find out more about our expertise in supporting people affected by serious illness on holiday at our dedicated illness abroad section. Alternatively, to speak to an expert contact us or call 0370 1500 100.