The legal action against TUI involves a significant number of claimants and is proceeding toward a major trial. More than 1,700 people have joined a personal injury claim against the German firm after falling ill in the west African archipelago, according to multiple reports. A six-week trial is scheduled to take place at London's High Court at the end of next year. Irwin Mitchell lawyer Jatinder Paul has urged TUI to 'come to the table' as the firm promises to fight the cases. All holidaymakers represented by Irwin Mitchell booked their holidays through tour operator TUI, research indicates. Law firm Irwin Mitchell confirmed the spiraling legal case has been led by tourists who believe they contracted stomach infections in Cape Verde as recently as a fortnight ago.
Specific allegations center on gastric illnesses and pathogens contracted during the holidays. Lawyers from Irwin Mitchell have said they are continually being contacted by people who report coming down with gastric illnesses, including E. coli, salmonella and shigella, and even parasitic infections like cryptosporidium during TUI package holidays. The illnesses have been linked to stays at various resorts, with claims pointing to poor hygiene and food standards. The scale of reported sickness has drawn attention to health and safety practices at the destinations.
Deaths have been linked to Cape Verde holidays, with Irwin Mitchell involved in representing affected families. Elena Walsh, a 64-year-old from Birmingham, Mark Ashley, 55, from Bedfordshire, and Karen Pooley, 64 from Gloucester, have all been named as holidaymakers who died during trips to Cape Verde, multiple reports state. Another two unnamed men in their 50s, who have not been identified, also died in 2025. The additional two people believed to have died have not yet been identified. Specialist lawyers at Irwin Mitchell have been instructed by the loved ones of a further four Britons who fell ill during all-inclusive breaks in Cape Verde and died. The deaths of the four Britons happened between November 2024 and December 2025, according to research.
I would 'implore' Tui to 'come to the table'.
Details about deceased holidaymakers and their resorts highlight specific cases and locations. The four Britons include a self-employed forklift truck driver from Bedfordshire and a charity shop worker from Gloucestershire. Two of the people who died had stayed at the same resort – the Riu Karamboa on the island of Boa Vista. Part-time nurse and mum-of-one Eleana Walsh, 64, from Birmingham died in August 2025 after falling ill while staying at Riu Cabo Verde resort in Sal. Jane Pressley, 62, of Gainsborough, died in January 2023 after falling ill while holidaying at Riu Palace Hotel in Santa Maria, Sal, the previous November. Irwin Mitchell is also representing the family of a man in his 60s from Watford, who died in November 2024 after suffering gastric illness while staying at the Riu Karamboa on Boa Vista.
Financial claims and compensation estimates in the lawsuit remain speculative at this stage. Claims in the initial filing totalled between £200,000 and £400,000 for the first 64 litigants, according to multiple reports. A sum of £200,000 would amount to an average of just over £3,000 each, but some claims are for as little as just £10. Irwin Mitchell said any figures quoted are purely speculative, as damages and costs have not been fully calculated because the cases are still at an early stage, and group actions naturally evolve as expert evidence, liability issues and quantum assessments develop.
This lawsuit occurs against a historical backdrop of fake sickness claims in the travel industry. In 2016, trade association for tour operators Abta estimated bogus sickness claims were adding up to 15 per cent to the cost of the typical holiday. The same year, the estimated annual cost of fake claims brought to UK travel firms for gastric illnesses on holiday had reached £240 million by 2016. In 2017, Thomas Cook launched private prosecutions against Brits who claimed to have been bedbound in hotel rooms by sickness after finding posts on social media of them saying they had a good time alongside 'grinning' pictures.
The number of British tourists falling ill in Cape Verde has been described as 'staggering'.
The impact of fraudulent claims on holiday costs has been quantified in industry estimates. Brits spent around £2,600 on foreign holidays each in 2025, but a 15 per cent increase as a result of fake claims would take that average cost up to £3,000, according to multiple reports. This financial burden reflects broader challenges in verifying illness claims and managing liability.
Irwin Mitchell has defended its legal approach and evidence standards in handling the case. The firm said it adhered to strict professional rules on costs, evidence and client care, adding that every case it brings goes through a screening process and is underpinned by detailed medical or other expert evidence. This statement aims to address concerns about the validity of claims amid historical issues with fraud.
Several unknowns persist regarding the specifics of the allegations and TUI's response. The exact hygiene or food safety failures at the Cape Verde resorts alleged to have caused the illnesses have not been detailed publicly. TUI's official response or defense strategy regarding the allegations of poor standards and liability remains unclear, as the company has denied liability but not elaborated on its position. The current status of investigations into the deaths linked to gastric illnesses in Cape Verde is also unknown, including whether local or UK authorities are involved. How many of the illness claims are verified by medical evidence versus alleged or disputed has not been disclosed, which could affect the lawsuit's credibility. The estimated total potential compensation or damages sought in the class action against TUI is uncertain, as figures are still speculative and subject to change as the case develops.
Further unknowns relate to the discrepancies in reported numbers. Sources disagree on the total number of holidaymakers involved, with around 1,500 represented by Irwin Mitchell but more than 1,700 joining the claim, a difference of over 200 claimants that affects the perceived scale and potential compensation. There is also contradiction in the number of deaths related to illnesses, with five specifically named or mentioned but Irwin Mitchell representing loved ones of six British holidaymakers who have died since January 2023, including four additional Britons and others, impacting assessments of the health crisis severity and wrongful death claims.
The implications for TUI and the travel industry are significant, potentially affecting liability standards and holiday costs. If the lawsuit succeeds, it could set precedents for health and safety accountability at resorts, leading to stricter regulations and higher operational costs for tour operators. The case also highlights ongoing challenges with illness claims, balancing genuine grievances against fraudulent activities that inflate prices. The outcome may influence how travel companies vet partners and manage risk, possibly reshaping industry practices to prevent similar outbreaks and legal battles in the future.