Carol Tedstone (65) fractured her shoulder and suffered extensive bruising after slipping near a jacuzzi while staying at the luxury hotel four years ago.

The university lecturer from Worcestershire was passing the jacuzzi on her way to the swimming pool and her lawyers claimed she had slipped on a treacherous patch of water.

Her feet slipped from underneath her in the accident, resulting in a hard fall on her left shoulder and head and she claimed the accident also worsened an existing back condition.

In October, a judge at Birmingham County Court found the hotel had failed in its duty to safeguard its guest from the risk of injury and upheld her claim against the hotel's owners, Bourne Leisure Ltd.

Mrs Tedstone was awarded around £25,000 in damages but at London's Appeal Court Bourne Leisure successfully challenged the county court ruling, meaning Mrs Tedstone will go without a penny.

Lord Justice May, sitting with Lord Justice Moore-Bick and Lord Justice Richards, said there was no evidence that her 'unfortunate accident' occurred from 'want of due care' on the part of the hotel owners.

He said the accident was 'unforeseen' and added staff had no warning of the need to deal with the patch of water, which may have spilled over from the jacuzzi.

The judge concluded there was no 'breach of duty' by the hotel.