Law firm Irwin Mitchell has settled a case against the Clifton Hotel in Scarborough after 43 members of a 46-strong group of dancers, predominantly in their 60s to their 90s, fell ill during their stay in March 2006.

The guests experienced symptoms such as vomiting, diarrhoea, weakness, muscle aches and headache.

Irwin Mitchell negotiated a total settlement of £85,000 from English Rose Hotels Plc after the group's holiday was completely ruined and many were left suffering symptoms for some time after.

Despite an outbreak of illness at the hotel the week before, amongst another group of guests, the party were not warned and there were no signs that could be seen or information offered advising the group of what to do were they to fall ill.

Frank Marsden, 63, from Pontefract, organised the trip for the dance group with his wife, on which two of the dancer.

He said: "The hotel staff didn't appear to take the reports of illness seriously and didn't call for a doctor when we asked. "Service in the restaurant was very slow owing to the fact that hotel staff had also fallen ill!

"Both myself and my wife Cynthia were taken ill and had to see doctors after returning home. We are just delighted that the case has finally settled. We did not want them to get away with this.

"We should have been warned about the hotel having an illness outbreak before arriving at the hotel, and we feel let down at the lack of communication."

Helen Cheshire, a travel law expert at the Irwin Mitchell, said: "This case highlights the seriousness of a gastric illness outbreak and the need for lessons to be learnt by tour operators to prevent anything like this happening again.

"It is a major concern that this outbreak was able to affect so many of the guests in the party and even more worrying that staff dealt with it in such a dismissive manner, failing even to alert guests to a previous outbreak.

"Guests staying at hotels, whether abroad or in the UK, deserve the assurance that their accommodation meets basic standards of hygiene and that if there is any concern their health will be compromised they deserve to know that staff have a policy in place and immediate action will be taken.

"But, on this occasion that was clearly not the case and a large number of people who were away from home were left feeling very unwell and extremely vulnerable."

The outbreak of Norwalk Virus at the Clifton Hotel happened during a wider outbreak of the virus in Scarborough during 2006.

A spokesman from English Rose Hotels said: "English Rose Hotels has operated the Clifton Hotel since 1985 and this is the only incidence of an outbreak of the Norwalk virus at the hotel.

"At the time of the outbreak it was clearly recognised as Norwalk virus and was at no time connected to food or hygiene issues. There were no cases of food related illness.

"Norwalk virus is an airborne virus and as such can rapidly spread from person to person.

"In line with this English Rose Hotels followed guide lines set out by the Environmental Health Authority in containing the outbreak and all appropriate steps were taken.

Throughout the period the company were in constant contact with the EHA, North Yorkshire Health Services and the Community Infection, Prevention and Control nurse specialist within the local health trust.

"Stringent cleaning and hygiene measures were put in place in line with advice from the Environmental Health Officer and these have continued to be maintained."

"At no time, during the outbreak, were English Rose Hotels advised to close the hotel – until after the Marsden party had left. Throughout the outbreak all guests were provided with contact details for a local doctor."