A PENSIONER whose luxury cruise was ruined by a gastric bug has got justice more than five years years later.

Judith Yaxley, 70, from Nab Wood, Shipley, won the four-figure compensation after a judge in 2015 ruled there had been failings onboard Fred. Olsen’s boat Boudicca between March and April 2011, causing 12 passengers to seek justice in court after becoming ill.

At the time, Mrs Yaxley hailed the court result as an “epic victory” but her joy was shortlived when Fred. Olsen appealed against the ruling. However, this week, Mrs Yaxley was told by her legal team at Irwin Mitchell that the appeal had been turned down.

She said: “Those of us who brought the action are not interested in the money but rather in accountability and responsibility and justice. It is a victory for the little folk who don`t normally stand a chance of holding the big folk to account.”

Mrs Yaxley and her husband Andrew, who has since died, got ill as they sailed round the Mediterranean and were confined to their cabin. Following Mr Yaxley’s unrelated death in May 2012, she vowed to continue the fight. “Shame on Fred. Olsen that we had to wait six years for justice. I don`t know how they found the nerve to defend themselves.”

Last week the Court of Appeal ruled the original ruling should stand and passengers should receive a settlement as a result of Fred. Olsen’s multiple failures in implementing a plan to prevent the spread of norovirus onboard, symptoms had included diarrhoea, vomiting and severe stomach cramps.

Simon O’Loughlin, a specialist International Personal Injury lawyer at Irwin Mitchell who represents the group, said: “It’s extremely disappointing that Fred. Olsen have fought this to Trial, and then all the way to the Court of Appeal, but we are delighted that the Court has again ruled in our clients’ favour.”

A spokesman for Fred. Olsen Cruise Lines said the company was “extremely disappointed” by the Court’s decision and believed it made “every reasonable effort” to prevent and contain the virus on board Boudicca.

“Fred. Olsen considers outbreak prevention to be of the utmost importance, and ensures that each and every member of its crew is fully conversant with the strict requirements of the company’s ‘Norovirus Outbreak Prevention and Control Plan’.