A dream beach holiday at Sri Lanka's Club Hotel Dolphin turned into a decade-long legal saga that has now landed in London's High Court — and the latest twist isn't about the resort at all, but about a botched email address.
Claire Saywell, an insurance consultant from Sittingbourne, Kent, was sunbathing on a lounger by the pool at the four-star resort in Waikkal on 16 February 2017 when a 50ft (25-30 metre) coconut palm came down on her without warning. The falling trunk smashed through her lounger, breaking and bending her legs so badly she needed emergency surgery in Colombo before she could be flown home. She has since undergone around ten operations, lives with ongoing pain and disability, has had to give up her job and needs single-storey accommodation.
Mrs Saywell originally instructed big-name firm Slater and Gordon UK to sue Tui, through whom she booked the trip. But that claim was struck out after the firm served her legal claim form to the wrong email address — a breach of duty the firm admits. So she is now suing her own former lawyers for £4.5m in a 'loss of a chance' claim.
Slater and Gordon argues she probably would have lost the case against Tui anyway, saying her prospects never exceeded a 51% likelihood of success, and contests the damages figure. Her side tells a different story: an arborist previously found a spike and concrete had been driven into the base of the palm to secure a utility line, causing rot — and healthy coconut palms don't usually fall in modest winds. At a preliminary hearing, Master John Dagnall granted her permission to rely on that expert's evidence. The original defence was that the tree fell in a natural gust of wind, with no human fault. The parties may yet settle through alternative dispute resolution.
Why should holidaymakers care? Package travel claims hinge on proving the operator or hotel failed in its duty of care — and this case shows how thin the line can be between 'freak accident' and negligence, as well as how a single administrative slip can wipe out a multi-million-pound claim. It's also a reminder to check what's above your sun lounger.
The Club Hotel Dolphin itself, in the beach town of Waikkal on Sri Lanka's west coast, markets two pools, a spa, mini-golf, three restaurants, four bars and a tennis court.
