Tunisia victims’ families launch £10million compensation case against tour operator TUI despite coroner clearing firm of ‘neglect’
FAMILIES bereaved in the Tunisia beach massacre have launched a £10million compensation battle.
Thirty Brits were among 38 trippers killed in a rampage by lone IS gunman Seifeddine Rezgui at a hotel in 2015.
Victims’ families fought back tears of rage at London’s High Court as the judge’s condemnation concluded a seven-week hearing.
They will now launch civil claims for damages estimated at £10million from travel giant TUI, claiming warnings of an imminent terror threat were ignored.
Coroner Judge Nicholas Loraine-Smith yesterday blasted the actions of local police as “at best shambolic — at worst, cowardly”. He said that the gunman, who had acted alone but was supported by a terror cell, should have been stopped earlier but for the police's "deliberate and unjustifiable" delay.
Kylie Hutchinson, a solicitor at Irwin Mitchell, spoke on behalf of some of the families outside the Royal Courts of Justice.
She said: "On behalf of our clients who lost members of their family and those who suffered injuries in this terrible incident, we will now be preparing to commence civil proceedings against TUI.
"The inquest was about those who tragically lost their lives... they must never be forgotten."
The families thanked the Coroner for listening to the "shocking evidence" about the fateful day, with the inquest having heard police took too long to reach the beach.
Coroner Loraine-Smith said: "The simple but tragic truth in this case is that a gunman armed with a gun and grenades went to that hotel intending to kill as many tourists as he could."
He added: "The police were responsible for tourism security. Their response could and should have been effective.
"The response by the police was at best shambolic, at worst cowardly. (It was) completely ineffective until the death of the gunman."
He said that unarmed guards would not have been able to deal with the situation, saying CCTV could have only offered a slightly faster response compared to what had happened.
The Coroner said that the hotel response to the attack was "disorganised" and "chaotic" but a number of staff members and hotel guests showed personal courage.
He praised the conduct of the bereaved families throughout the inquest, which lasted almost two months, saying they had shown a "quiet dignity" during the inquest into the fateful day on June 26, 2015, that unfolded as Seifeddine Regui used a Kalashnikov assault rifle concealed in a beach umbrella to fire at tourists.
As he read out the names of the victims unlawfully killed in the bloody beach attack, family members who attended the inquest were reduced to tears.
But he ruled against finding the travel company TUI - which owns travel companies Thomson and First Choice - at fault of "neglect".
This was despite the company's admission during the inquest that it did not carry out frequent security risk assessments on resorts or hotels before the shooting.
The devastated families of the victims had asked for the ruling to be made against TUI, which runs Thomson and First Choice, but the coroner said the victims were not dependent on the travel company and hotel.
TUI's Nick Longman said: "What happened on that tragic day on 26 June 2015 in Tunisia shocked and devastated all of us. Our immediate heartfelt condolences went to the families and friends of those so tragically affected.
"On behalf of everyone at TUI UK, I would like to again extend our deepest sympathy. We are so very sorry for the pain and loss those affected have suffered.
"Over these last few weeks we have heard very personal and very moving accounts of what happened during and after the terrorist attack.
"We have played a full and active role throughout the process of the Inquests and we, like others, wanted to understand the specific circumstances surrounding these tragic events.
"We have now heard the Coroner’s findings and his comments regarding the provision of security and visibility of travel advice. These are complex matters and we have already taken steps to raise awareness of the FCO’s Travel Aware campaign. Together with the travel industry in light of these comments we must now take some time to further reflect on these areas.
"On that day the world changed. As an industry we have adapted and we will need to continue to do so. This terrorist incident has left its mark on all of us and its impact will always be remembered.”
The Coroner told the inquest that many of the tourists would not have travelled to Tunisia if they had read the travel advice, saying that the advice given to reps to pass on to customers did not mention any risk of terrorism.
Gunman Seifiddine Rezgui, a 23-year-old university student, is believed to have been radicalised over issues such as the Libyan Civil War and Western inaction against the Assad government.
He was killed during the attack by police - who have been criticised for failing to monitor the killer.
After the verdict was handed down, Andrew Richie, who is representing families of 22 of those killed, said the Coroner's findings were "both helpful and frustrating".
He pointed to lack of CCTV cameras and lack of mobile phone or radio held by a guard who ran from the scene to get help when the shooting began.
He said: "On behalf of the families, I will now make further submissions to the Coroner about a report aimed at preventing future deaths and in relation to the FCO's Travel aware campaign.
"The families will also consider the claims that they intend to make against TUI damages."
In the wake of the verdict, the family of victim Scott Chalkley released a statement, with his sons Ross and Bradley, his brothers and sisters saying: "When Scott was brutally taken from us the world became a darker place. His cheeky grin and infectious laugh would light up any room and his wicked sense of humour made him a friend to everyone.
"As a father and brother he was unsurpassed and the devastation that we all feel at losing such a special man has left a terrible void. He was such a proud dad who lived for his sons while to his siblings he was a tower of strength."
The stories of those who survived the atrocity were revealed during the inquest, including the bravery of Owen Richards, who was 16 at the time of the attack and tried in vain to shield his grandad from the rampaging gunman.
Owen, who attended the inquest, was grazed on the shoulder by a bullet that went on to hit his uncle Adrian in the head, killing him instantly.
Other survivors recounted how they had to run for their lives as the gunman laughed and sprayed bullets at them.
A mum of four who was one of those murdered in the rampage had to be identified by the "glittery nail varnish on her toes" by a friend who escaped the massacre by playing dead.
Others have revealed how they cheated death, rolling off their sunbeds to escape the hail of bullets.
The inquest saw a chilling video that retraced the steps of the gunman, with the reconstruction showing how Rezgui calmly made his way down the beach.
The terror attack in Sousse remains the deadliest to Britons since the London bombings on July 7, 2005.
The inquest began at the Royal Courts of Justice on January 16.
Photographs of the Imperial Marhaba hotel in Sousse revealed that it had been forced to close its doors after a slump in tourism after the attack.
The Coroner is now expected to use the evidence from the inquest to write a "Prevent Future Deaths" report.
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