A father-of-three paralysed in a swimming pool accident while on holiday in Cyprus has lost his High Court claim for damages.
The travel agent had strongly denied liability
Balram Singh, now 31, of Stoke Newington, north London, broke his neck when he dived into the shallow end of the pool at his hotel in the resort of Ayia Napa in July 1998.
He was left tetraplegic by the accident at the Christabelle Apartments, where he was staying with a group of 11 male friends and relatives in July 1998.
Mr Justice Holland expressed sympathy for Mr Singh, who was 27 at the time of the accident, but said travel agent Libra Holidays Ltd was not responsible.
He ruled there had been no breach of care on the part of the Hertfordshire-based company and that Mr Singh was "the author of his own misfortune".
He said: "I am very sorry for Mr Singh, but the evidence simply doesn't allow
me to make a finding in his favour, conscious as I am of his appalling position
having regard to the tetraplegia which will remain with him, alas, for the rest of
The package holiday company had strongly denied liability, alleging the accident was wholly or substantially Mr Singh's fault.
The judge went on: "Of course, I am aware of the plight of the claimant
and the financial importance to him of even a modest apportionment of liability
- and it could not have been more than, say, 25% - but I cannot find the
material wherein to found a judgment for him and his claim must be dismissed."