An attempt to sue Cosmos holidays for £3.5 million in damages, loss of earnings and the cost of future therapy was rejected by a High Court judge. Sean Healy, father of four, is now wheelchair bound after suffering injuries while on a Cosmos holiday staying at the Colina Da Lapa apartments at Carvoeiro in the Portuguses Algarve resort Mr Healy struck his head while at the bottom of the pool and subsequently damaged his spine.

He argued that his fall was a result of a slippery area around the pool which did not comply with local safety standards. But Mr Healy, 36 at the time of the accident, was described as a competent and experienced swimmer who was aware that diving into a pool of 5ft depth at its deepest, was inappropriate. In his judgment, Mr Justice Eady found that it was a “tragic accident” for which no one was responsible. He said: “I naturally understand how devastating this conclusion will be for the claimant and his family” and concluded that on the evidence available there could be no other rational outcome.

A Cosmos spokesperson said that the tour operator accepted the decision made by Mr Justice Eady and the company expressed regret at the very serious injuries suffered by Mr Healy.

1 August 2005