Pair claimed they fell ill twice in Mallorca but Thomas Cook took out landmark private prosecution after social media posts described happy times

The government has stepped up attempts to eliminate fake holiday sickness scams, as a middle-aged British couple who had boasted on social media about having “sun, laughter and fun” on their holidays were jailed after making false insurance claims.

Deborah Briton and her partner Paul Roberts tried to claim £20,000 compensation by stating they and their two children had fallen ill on holidays to Mallorca in 2015 and 2016, Liverpool crown court was told.



Briton, 53, sobbed as she was sentenced to nine months in prison after admitting four counts of fraud in the private prosecution, brought by the holiday company Thomas Cook. Roberts, 43, was jailed for 15 months.



The convictions came on the same day that the government announced a call for evidence from travel operators as part of a crackdown on holiday sickness frauds that have plagued holiday firms operating in Spain. The Association of British Travel Agents (Abta) said it welcomed the latest move in attempts to quash a fraud that is “tarnishing British holidaymakers’ reputation abroad” and costing Spanish hoteliers millions of pounds.

Facebook Twitter Pinterest Paul Roberts and Deborah Briton attend court. Photograph: Peter Byrne/PA

“It is crucial that the government brings in new rules that control legal costs on holiday sickness claims as soon as possible, and we welcome the chance to be able to submit further evidence from our members to help crack down on these bogus claims,” said Abta.

In June ministers pledged action to try to halt the the flood of spurious claims for food poisoning, which have risen by 500% since 2013. Partly fuelled by organised claims touts, they have sparked an angry backlash from Spanish hoteliers, and led the foreign secretary, Boris Johnson, to declare that the digestive systems of British people had “become the most delicate in the world”.

Liverpool crown court was told that the pair, from Wallasey, Wirral, tried to claim nearly £20,000 for the fake gastric illnesses and would have also cost the holiday firm a further £28,000 in legal expenses had their claims been successful.



Judge David Aubrey QC said their claims had been a “complete and utter sham”.

“They were bogus from start to finish, you were both asserting on your behalfs and on behalf of your two children that on two separate holidays you had suffered illness. They were totally and utterly fake,” said Aubrey.

He said: “Those who may be tempted in the future to make a dishonest claim in relation to fake holiday sickness, if they are investigated and brought to justice, whatever the circumstances of an individual, he or she must expect to receive an immediate custodial sentence.”



After the holiday in June 2015 Briton had written on social media: “Safely home after two weeks of sun, laughter, fun and tears. Met up with all our lovely holiday friends who made our holiday fab.”



A post after returning from the second holiday in July 2016 read: “Back home after a fantastic holiday, my favourite so far.”

But in August that year they contacted David Norman Solicitors to make the claims. An intimated letter of claim which was read to the court said: “Our client’s holiday was ruined due to their symptoms as they were ill for the entire remainder of the trip. They were unable to enjoy the holiday.”



Sam Brown, prosecuting, said: “Both defendants knew that in issuing this claim he or she would be lying in order to support it.”

Why Brits got the bug for holiday sickness scams Read more

Briton was later contacted by a travel rep from the hotel, who asked about the claims. In a message, the mother-of-four told her the claims were due to “Paul with his dodgy dealings”.

Charles Lander, defending Roberts, said: “It was an idea the defendant formed from speaking to others in a pub. He stupidly believed those others who told him he wouldn’t be detected. How wrong he was.”

Foreign secretary Boris Johnson said: “These claims make it more expensive for Brits to go abroad. They should not have to shoulder the inevitable rising costs of bogus accusations made by a small minority.

“The recent rise in false claims against tour operators, partly fuelled by unscrupulous touts, tarnishes the UK’s reputation overseas. It is also hugely unfair to those who genuinely do become ill, who risk becoming victims of unjustified suspicion. This is the first step in fighting the scam holiday claim epidemic.”

Following the hearing, a Thomas Cook spokesman said: “The sentences handed down today demonstrate how serious the issue of fraudulent illness claims has become. This is a particularly sobering case, but reflects what is going on across the UK travel industry, so we had to take a stand to protect our holidays and our customers from the minority who cheat the system.”

