Four women, held to have been "treated abominably" during a weekend trip to Blackpool, yesterday lost their legal right to a Small Claims Court award of £168 each. Judge Raymond Groarke told them he had to allow an appeal by a travel agent as he was bound by the law to uphold arbitration clauses in contractual agreements.
He described as "sad" the decision of PAB Travel of Middle Abbey Street, Dublin, to challenge the Small Claims Court system in favour of arbitration.
Judge Groarke said the purpose of the Small Claims Court, with a jurisdiction limited to £500, was to provide people with cheap and speedy access to justice. He said he failed to see how any business, considering the unlimited awards and legal costs in arbitration, would insist upon pursuing and seeking to rely on such a clause.
Mr Breffni Gordon, counsel for School and Group Travel Ltd, which trades as PAB Travel, told the court the women would get their £168 payments anyway.
Mr Gordon said he had attended court for the sole purpose of preserving his client's entitlement to rely on the arbitration clause. Litigants were using the Small Claims Court as a means of attempting to circumvent arbitration clauses in contracts.
Judge Groarke told Mrs Kathleen and Ms Elaine Clarke, of West Park Drive; Ms Ann McDonald, of Griffith Parade; and Ms Irene O'Hare, of Cremore Heights, all Dublin, he had to allow the company's appeal.
The court heard they had booked an all-in package for an October Bank Holiday weekend to Blackpool including hotel and coach connections to a Dickie Rock cabaret.
They had ended up with a seven-hour coach trip from Holyhead because the driver had lost his way and had arrived only in time to catch Rock singing the closing national anthem.
They had to spend much of the remainder of their first night in a Blackpool police station while a search was made for their hotel.
When they found the hotel it was filthy with an outside toilet and no shower or bathing facilities, they claimed.
Following yesterday's court hearing, Mrs Kathleen Clarke said they were pleased to be getting their money back for the "disaster" weekend. They represented themselves in court.