Father to repay drowning damages

Matthew Marsden had wandered off with his younger brother

The father of a toddler who drowned in a holiday park's pond must repay £40,000 in compensation and costs.

Matthew Marsden, two, was found by his father face down in 18 inches (46 cm) of water at Greenacres Holiday Park, near Porthmadog, Gwynedd, in 2004.

Philip Marsden, and his wife Tracey, from Buckley, Flintshire, successfully sued park owners Bourne Leisure.

The Court of Appeal quashed the order saying accidents could happen to children without anyone being at fault.

The judges said the £25,000 award, plus costs, must be repaid by Mr Marsden's lawyers.

In a statement, Mr Marsden said: "When a parent loses a child you get an overwhelming urge to prevent other children being hurt."

Holiday sites will almost inevitably contain sources of danger to small unaccompanied children Lord Justice Moses, Court of Appeal

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."

Mr Marsden warned 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."

Trauma

The parents began a frantic search after discovering Matthew and his brother, Alex, who was 16 months old at the time, were missing.

Mr Marsden, an IT manager, suffered nervous shock and psychological trauma after discovering his son's body.

He was awarded the damages after a county court judge in Wrexham rejected claims that the pond was "a trap for the unwary" but said the company should have specifically warned holidaymakers of the potential hazard posed.

In addition to the compensation, £15,000 costs were paid.

However, following an appeal by the company, Lord Justice Stanley Burnton said: "This was a tragic case and Matthew's death has been understandably devastating for his parents.

"But accidents may and do happen to young children without anyone being at fault."

'Attentive and caring'

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 Marsdens could do.

"Small children can disappear in a moment. Holiday sites will almost inevitably contain sources of danger to small unaccompanied children."

Mark Tami, MP for Alyn and Deeside, said he was "deeply shocked" by the decision.

He added: "I know that for Mr Marsden 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 Mathew back - it was about really highlighting the importance of this case."

A coroner at Matthew's inquest recorded a verdict of accidental death.

The compensation was awarded in December 2008, but was held by the Marsdens' lawyers, GHP Legal, after Bourne Leisure immediately lodged an appeal.

GHP Legal will now repay the money.

The case was taken on a no win, no fee basis, backed by an insurance policy - which will now cover the legal costs.

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 Philip and Tracey Marsden."