Father recieved compensation claim after son drowned in holiday park
A father who received a compensation claim after his son drowned in a holiday park, has been informed that he must repay the sum that he was awarded, as well as the legal fees involved in the case.
The court case was taken on a no win, no fee basis, backed by an insurance policy - which will now cover the legal costs. The initial case was successful and the child’s parents were able to claim from the holiday park after their son was found face down in 18 inches (46 cm) of water.
They were awarded £25,000 and had their legal fees covered, but the Court of Appeal quashed the order, and said that accidents involving young children could take place without anyone being at fault.
The judges said the full award, plus costs, must be repaid by the father’s lawyers.
In a statement, the father said: "When a parent loses a child you get an overwhelming urge to prevent other children being hurt."
He added: "I may have lost this fight with Bourne Leisure but I am applying my energy and enthusiasm into doing things for charity that will help children with cancer. No judges can take that away from me."
‘Left without our lovely boy’
The dad went on to warn parents not to "expect others to give the same degree of thought into safety as you may do yourself".
He added: "It costs nothing to put a map in a parent's hand and say that 'Ponds are here, here and here.' I hope that all caravan sites with ponds will now take this simple step. My family would now like to be left alone to grieve for our lovely boy."
Lord Justice Moses said: "Nothing this court can say can adequately measure the suffering of two responsible, attentive and caring parents."
He said there was no foundation for the finding of a breach of duty on the part of the holiday park owners, adding: "Short of keeping hold of the two children at all times when outside the caravan, there is nothing more the family could do.
"Small children can disappear in a moment. Holiday sites will almost inevitably contain sources of danger to small unaccompanied children."
Shocked by the payback decision
Mark Tami, MP for Alyn and Deeside – where the family are from – said he was "deeply shocked" by the decision.
He added: "I know that for the child’s father it was never about the money.
"It was about the principle of the whole affair because no matter what sum of money it would never be enough to bring this boy back - it was about really highlighting the importance of this case."
A coroner at the child’s inquest recorded a verdict of accidental death.
The compensation was awarded in December 2008, but was held by the family’s lawyers, GHP Legal, after Bourne Leisure immediately lodged an appeal. GHP Legal will now repay the money.
A spokesman for Greenacres said: "We acknowledge the findings issued today by the three appeal court judges. Once again, we would like to extend our sympathy to the mother and father of the young boy."
Updated on 8/5/2009