Wednesday, 27 Nov 2024

Holidaymaker left £25,000 in debt following legal battle with Jet2

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A dad says he was pushed to the edge while being sued by Jet2 after they accused him of lying about falling ill on holiday. Karl Hughes said he was close to taking his own life following years of legal battles which have left him more than £25,000 in debt.

The holiday firm brought legal proceedings against him and his wife Laura after the couple sought compensation for allegedly suffering from food poisoning in Lanzarote in 2016.

Jet2 urged a judge to find the couple guilty in civil proceedings of contempt of court, meaning they could have faced up to two years in prison along with a large fine.

Although the couple successfully defended themselves in the contempt of court legal battle, Mr Hughes said he has been emotionally and financially unstable following what he called a legal trauma.

The case lasted more than five years and has put him tens of thousands of pounds out of pocket.

“It has been five and half years of hell. My wife has been having mental health help. I’ve suffered depression and been suicidal. Being faced with prison is awful. Awful,” Mr Hughes told The Mirror.

He added: “They have spent a lot of money trying to put two people with kids in prison. We hate them.

“I would never go with them again. When a Jet2 advert comes on tv or the radio, I have a panic attack. I feel anxious and my heart races.”

The legal fight began when Karl and his wife Laura took their three children, as well as two of the kid’s grandparents, on a £6,000 Christmas break in 2016.

However, the holiday took a turn when Karl and Laura became sick, they claim to have only eaten at the hotel.

The couple were sick for a week, meaning that much of the 10 day getaway was spent lying in bed, Mr Hughes claims.

When they arrived home in Nottingham, the couple said they received a call from a legal firm asking if they would like to make a compensation claim against Jet2.

Witness statements detailing the period of alleged sickness as well as online reviews of the hotel making claims about its health and safety procedures were sent to Jet2’s lawyers.

Jet2 rejected the family’s complaints, noting that Mr Hughes had posted photos of the family appearing to enjoy their holiday on Facebook.

About a year later, Karl and Laura were contacted by a legal aide for Jet2 who accused them of making false claims and brought civil proceedings for contempt of court.

The Hughes did not pursue their complaint after their solicitor stopped representing them for contractual reasons. The application for proceedings made the possibility of being sent to prison clear to the couple, quoting a 2011 case in which a judge said: “Those who make such false claims, if caught, should expect to go to prison.”

Three hearings followed, including one in 2018 which found that the court had no jurisdiction over the matter, that was later overturned on appeal.

Laura and Karl did not oppose Jet2’s legal application in person, claiming they could not afford lawyers to do so.

Instead, they submitted a skeleton argument from the previous hearing, which the court took into account. Judges ruled that the couple had to pay Jet2’s legal fees for the appeal and the previous hearing.

Jet2 won the appeal, with Lord Justice Hamblen ruling that witness statements, which the couple had stated were true, made about the holiday in response to Jet2’s contempt application could be considered in contempt proceedings.

The appeal victory meant Jet2 could legally accuse the couple of contempt of court in the civil courts, meaning they could be imprisoned for up to two years.

At the time, Stephen Heapy, the CEO of Jet2, said: “The ruling should send a warning to others. If documents are found to contain false information, contempt of court proceedings can and will be brought”.

Mr Hughes said that this confirmed his suspicion that he and his family were being “made example of” to warn others away from compensation claims.

“My personal view is that Jet2 wanted to make an example of us and other people to stop any compensation claims happening, to scare them from making compensation claims,” he said. “This is bigger than me and my wife.”

After the appeal hearing, Mr Hughes said Jet2 sent the couple a bill for nearly £30,000 for some of the firm’s legal fees, to be paid by Christmas Eve.

Mr Hughes said: “As you can imagine this devastated us. We had no idea what to do and went into Christmas feeling like our whole world had fallen apart.”

He detailed the toll the case has taken on him and his family, both financially and emotionally.

He said: “We try and hide it from the kids but they’ve been affected. I had to borrow money from my dad to get solicitors and had to get an agreement to pay back £500 a month.

“I am a martial arts instructor and we shut down completely during lockdown. There have been times when I’ve considered taking my own life.

“I started drinking heavily and my wife became engrossed in work. We talked about separating because of this.”

In March 2022, the case – delayed by Covid 19 lockdowns – was heard at Derby District Registry.

Judge Coe QC dismissed the claims and ordered Jet2 to pay some of the Hughes’ legal costs for the final hearing.

She ruled that the company had failed to prove the relevant burden of proof that the couple was not sick and that the Facebook posts did not disprove their illness.

Judge Coe also found the family had complained about food being cold and insects landing on it at the time, their claim that they had been “acutely unwell” for nine days was an exaggeration but not a lie.

Despite the findings, the Hughes are still obligated to pay some of Jet2’s legal costs for the appeal hearing, a bill of more than £25,000.

Mr Hughes worries that the case may set a precedent for companies to go after holidaymakers burying ” them in litigation and legal fees if they suspect even a small part of their statement to be untrue”.

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He added: “We stood firm in our belief that we were telling the truth and even though we were terrified of what was happening to us we managed to do enough online research to find small glimmers of hope so that we could continue to push through and defend ourselves.

“My fear is that not everyone out there will be as resilient and may fold under financial and legal pressure.”

A spokesperson for Jet2 said: “Between 2015 and 2018 the travel industry saw an enormous increase in the number of fake sickness claims, with claims spiking by up to 500 percent.

“Jet2holidays led the way to tackle this issue, robustly investigating and defending claims where necessary.

“In 2018 Jet2holidays was given permission by the courts to bring committal proceedings against Mr and Ms Hughes.

“Although we are disappointed with this decision, we have no plans to challenge it and we are in discussion with the Hughes’ representatives regarding costs.”

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