KA-2024-BHM-000008 - [2025] EWHC 2093 (KB)

The findings and reasoning of the judge

In light of the nature of this appeal, it is necessary to set out the judge’s review of the evidence and his conclusions in some detail.

I will deal separately with the findings and reasoning of the judge as regards the cyclospora issue and the causation issue. As I have said, the judge found that the Appellant and her former partner gave straightforward, honest, evidence. The judge accepted that the Appellant had not been ill before she went to Mexico. The court also heard from the general manager of the hotel, Mr Gutierrez, who also gave straightforward evidence. Mr Gutierrez tried his best to help the court but had not been working at the hotel at the time when the Appellant fell ill. In fact, Mr Gutierrez did not enter employment with the hotel until 2020, some four years after the Appellant fell ill there.