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| Father to repay drowning damages | Father to repay drowning damages |
| (10 minutes later) | |
| The father of a toddler who drowned in a holiday park's pond must repay £40,000 in compensation and costs. | The father of a toddler who drowned in a holiday park's pond must repay £40,000 in compensation and costs. |
| Matthew Marsden, two, was found by his father face down in 18 inches (46 cm) of water at Greenacres Holiday Park, near Porthmadog, Gwynedd, in 2004. | Matthew Marsden, two, was found by his father face down in 18 inches (46 cm) of water at Greenacres Holiday Park, near Porthmadog, Gwynedd, in 2004. |
| Philip Marsden, and his wife Tracey, from Buckley, Flintshire, successfully sued park owners Bourne Leisure. | Philip Marsden, and his wife Tracey, from Buckley, Flintshire, successfully sued park owners Bourne Leisure. |
| The Court of Appeal quashed the order saying accidents could happen to children without anyone being at fault. | |
| The judges said the £25,000 award, plus costs, must be repaid by Mr Marsden's lawyers. | |
| The parents began a frantic search after discovering Matthew and his brother, Alex, who was 16 months old at the time, were missing. | The parents began a frantic search after discovering Matthew and his brother, Alex, who was 16 months old at the time, were missing. |
| Holiday sites will almost inevitably contain sources of danger to small unaccompanied children Lord Justice Moses, Court of Appeal | Holiday sites will almost inevitably contain sources of danger to small unaccompanied children Lord Justice Moses, Court of Appeal |
| Mr Marsden, an IT manager, suffered nervous shock and psychological trauma after discovering his son's body. | Mr Marsden, an IT manager, suffered nervous shock and psychological trauma after discovering his son's body. |
| He was awarded the damages after a county court judge in Wrexham rejected claims that the pond was "a trap for the unwary" but said the company should have specifically warned holidaymakers of the potential hazard posed. | He was awarded the damages after a county court judge in Wrexham rejected claims that the pond was "a trap for the unwary" but said the company should have specifically warned holidaymakers of the potential hazard posed. |
| In addition to the compensation, £15,000 costs were paid. | In addition to the compensation, £15,000 costs were paid. |
| However, following an appeal by the company, Lord Justice Stanley Burnton said: "This was a tragic case and Matthew's death has been understandably devastating for his parents. | However, following an appeal by the company, Lord Justice Stanley Burnton said: "This was a tragic case and Matthew's death has been understandably devastating for his parents. |
| "But accidents may and do happen to young children without anyone being at fault." | "But accidents may and do happen to young children without anyone being at fault." |
| Lord Justice Moses said: "Nothing this court can say can adequately measure the suffering of two responsible, attentive and caring parents." | Lord Justice Moses said: "Nothing this court can say can adequately measure the suffering of two responsible, attentive and caring parents." |
| He said there was no foundation for the finding of a breach of duty on the part of the holiday park owners, adding: "Short of keeping hold of the two children at all times when outside the caravan, there is nothing more the Marsdens could do. | He said there was no foundation for the finding of a breach of duty on the part of the holiday park owners, adding: "Short of keeping hold of the two children at all times when outside the caravan, there is nothing more the Marsdens could do. |
| "Small children can disappear in a moment. Holiday sites will almost inevitably contain sources of danger to small unaccompanied children." | "Small children can disappear in a moment. Holiday sites will almost inevitably contain sources of danger to small unaccompanied children." |
| A coroner at Matthew's inquest recorded a verdict of accidental death. | A coroner at Matthew's inquest recorded a verdict of accidental death. |
| The compensation was awarded in December 2008, but was held by the Marsdens' lawyers, GHP Legal, after Bourne Leisure immediately lodged an appeal. | The compensation was awarded in December 2008, but was held by the Marsdens' lawyers, GHP Legal, after Bourne Leisure immediately lodged an appeal. |
| GHP Legal will now repay the money. | GHP Legal will now repay the money. |
| The case was taken on a no win, no fee basis, backed by an insurance policy - which will now cover the legal costs. | The case was taken on a no win, no fee basis, backed by an insurance policy - which will now cover the legal costs. |
| A spokesman for Greenacres said: "We acknowledge the findings issued today by the three appeal court judges. Once again, we would like to extend our sympathy to Philip and Tracey Marsden." | A spokesman for Greenacres said: "We acknowledge the findings issued today by the three appeal court judges. Once again, we would like to extend our sympathy to Philip and Tracey Marsden." |