Holidaymakers sue travel firm for £5million after gastric illnesses

Tourists have launched a £5 million lawsuit against travel company TUI after experiencing severe gastric illnesses while staying at a luxury hotel in Cape Verde.

Among the 300 claimants is the widower of Jane Pressley, 62, who tragically passed away in January 2023 after becoming ill. The legal action targets the Riu Palace Santa Maria Hotel, where the incidents occurred.

Jane Pressley’s case is part of a larger tragedy involving six British nationals who have died following their holidays at the same location since the start of 2023. Their families are now pursuing personal injury claims against the holiday provider.

The deceased also include Mark Ashley, 55, from Bedfordshire; Elena Walsh, 64, from Birmingham; Karen Pooley, 64, from Gloucestershire; and two unidentified men from Watford, aged 56 and 60. All reportedly succumbed after contracting stomach illnesses in Cape Verde.

The group lawsuit, which TUI is contesting, is being handled by the legal firm Irwin Mitchell. This comes in response to a wave of gastric illness complaints from tourists who visited the island nation.

Claimants blame their illnesses on factors such as poorly prepared food and beverages, unsanitary pool conditions, stray animals, and hotel rooms plagued with cockroaches.

According to lawyers, more than 1,500 tourists have fallen ill after booking holidays to the West African archipelago. 

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

Jane Pressley (pictured) died in January 2023 just weeks after falling ill on holiday at TUI's Riu Palace Santa Maria Hotel in Cape Verde

Jane Pressley (pictured) died in January 2023 just weeks after falling ill on holiday at TUI’s Riu Palace Santa Maria Hotel in Cape Verde

Around 300 claims have been brought after hundreds of visitors fell ill during or following stays at the company's Riu Palace Santa Maria Hotel in Cape Verde in 2022

Around 300 claims have been brought after hundreds of visitors fell ill during or following stays at the company’s Riu Palace Santa Maria Hotel in Cape Verde in 2022

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 (Pictured: Nicky Morley with her husband Darren)

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 (Pictured: Nicky Morley with her husband Darren)

The High Court case will proceed to a six-week trial, which is due to take place at the end of next year.

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’.

Mark Ashley (back left), 55, of Bedfordshire died last year after contracting severe gastric illnesses while on holiday in Cape Verde

Mark Ashley (back left), 55, of Bedfordshire died last year after contracting severe gastric illnesses while on holiday in Cape Verde

Part-time nurse and mother-of-one, Elena Walsh, (left) died in August 2025 after falling ill while staying at the Riu Cabo Verde on the same island

Part-time nurse and mother-of-one, Elena Walsh, (left) died in August 2025 after falling ill while staying at the Riu Cabo Verde on the same island

Cape Verde, an archipelago of ten islands sitting around 350 miles west of Senegal in the Atlantic Ocean, has long been marketed as a sun-soaked paradise with year-round warmth and golden beaches (stock image)

Cape Verde, an archipelago of ten islands sitting around 350 miles west of Senegal in the Atlantic Ocean, has long been marketed as a sun-soaked paradise with year-round warmth and golden beaches (stock image)

Karen Pooley (right), from Lydney, travelled with a friend to the Riu Funana resort in Sal on October 7, 2025, for a two-week holiday costing £3,000, also booked through TUI, but died after becoming ill with gastric symptoms and fracturing her femur after slipping on water leaking from a fridge.

Karen Pooley (right), from Lydney, travelled with a friend to the Riu Funana resort in Sal on October 7, 2025, for a two-week holiday costing £3,000, also booked through TUI, but died after becoming ill with gastric symptoms and fracturing her femur after slipping on water leaking from a fridge. 

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.’

Another claimant, Michael Pressley, is the widower of mother-of-two Jane Pressley, who died weeks after falling ill on holiday. 

Two days into her holiday, Mrs Pressley, from Gainsborough, Lincolnshire, fell ill with gastric and flu-like symptoms, 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.

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.

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