It’s often said that in this day and age that faceless corporations are cold and heartless. Once in a while one comes along that makes the generalisation pall into insignificance. Just such a corporation is Thomas Cook.
Christi and Bobby Shepherd died while on a Thomas Cook holiday in Corfu with their father in 2006. The cause of death was a badly maintained boiler which suffocated them with carbon monoxide. The hotel was judged culpable at a criminal trial held in Greece in 2010 following a long campaign by the children’s family.
Three people, including the manager of the Louis Corcyra Beach Hotel and two members of staff, were found guilty of manslaughter by negligence and sentenced to seven years in jail.
The holiday firm had earlier said it was “shocked and deeply saddened” by the tragedy. “Thomas Cook recognises that the pain caused by this terrible accident will never go away and must be still very hard for friends and family to bear,” it added. Last Wednesday, an inquest jury returned a verdict of unlawful killing in the case and concluded Thomas Cook had “breached its duty of care”.
At the weekend, Thomas Cook claimed to have sent a letter of apology to the family – something they have been asking for for years. The letter was released to the press. On Sunday the family said they had not received the letter and were appalled that they learnt about it from the press. Quite right, too.
Now the heartless bit comes in. Thomas Cook have pursued compensation from the hotel. They have been awarded £3.5 million for loss of profits and expenses incurred in, amongst other things, preserving it’s reputation. I find that a bit sickening given that the family received about a tenth of that for the criminal death of two children.
If Thomas Cook had any feelings at all, they’d give that money to the family together with a proper apology for what happened delivered in person by their Chief Executive. That would be a far better way of preserving their reputation.
I’m not holding my breath – nor will I be booking a Thomas Cook holiday anytime soon. I’d urge others to do the same because it would damn well serve them right…
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Dioclese 
First of all may I say that I feel genuinely sorry for the family and friends of Christi and Bobby Shepherd.
I was unaware of this story, but my gut reaction is that the whole area of compensation is a minefield. How does one set about putting a value on the loss of a loved one? Surely no amount of money can replace a human life?
Where the loss comes about by criminal action then punish the guilty as severely as possible by all means. When it comes to accidents, apart from those toss-pots who claim accidents don't happen, then in my mind it becomes ever more complicated.
I think quite a lot of people are coming to the conclusion that compensation can lead to many false claims being made, as for instance in cases of alleged historical sexual abuse. In recent years there has been an explosion in the “ambulance chaser” type firms of solicitors who advertise in the media.
When someone or an organisation suffers a tangible financial loss then I think things become a bit clearer, and compensation seems entirely appropriate. However fixing the amount could be very difficult. In this particular case I find it very hard to believe that Thomas Cook have suffered £3.5 million worth of damage.
They asked for £5 million and the courts told them to fuck off.
Apparently in the face of adverse publicity, TC have donated half their blood money to charity. Nothing to do with the backlash and the public boycotting their holidays, of course. Shurely not!
Give the other half to the family and they might make some progress, the greedy cunts…
I fail to see how Thomas Cook are implicit in this.
A faulty boiler can happen at any time. TC can not be expected to check every hotel weekly.
Even then, like an MOT, it is only valid until the vehicle leaves the forecourt.
Sue the hotel, but TC…. I would question.
It seems these deaths were caused by the negligent actions of a hotel, not by the Chief Exec of Thomas Cook.
The responsible people at the hotel appear to have been dealt with appropriately.
The resulting media hoo ha will certainly cause a massive loss of profits for Thomas Cook as they are the ones who have been painted as the villain, not the hotel. I would have thought it only right that the company be compensated for this by the hotel that caused it.
I agree. Thos Cook seem to have been done over by the inquest jury because: 1. they are reachable within the UK while the hotel isn't; and 2. the family's contract was with Thos Cook. It's perfectly reasonable in law for Thos Cook to pass the nasty parcel on to the real culprit.
The word is 'complicit' and the inferior perception is self-evident.
MTG
Thomas Cook holidays to Tunisia will be a bargain this year.
Aye. O.K. Worm in the lemonade bottle. (Can never remember the case name, but the basic case for EVERY first semester Contract law student.)
Donoghue v Stevenson [1932]