Mr Horan complained to tour reps

A judge at Macclesfield County Court, threw out Mr Horan's claims about DVT because he had no medical evidence but accepted he had suffered discomfort.

DVT tests

The businessman, who originally sought �5,000 through the Small Claims Court, was awarded �500.

Six foot tall Mr Horan said he had complained to tour reps after the flight on board a Boeing 767 but was forced to endure a similarly cramped flight home.

I literally could not put my knees straight in front of me

Brian Horan

After the return leg, Mr Horan says he suffered muscle spasms in his right leg and had tests for deep vein thrombosis (DVT).

Although the tests found no trace of DVT Mr Horan still complained to the tour operator JMC of the discomfort and the medical scare.

When his complaints were "fobbed off" he decided to take out a private prosecution.

Judge Andrew Wallace, sitting at Macclesfield County Court, threw out Mr Horan's claims about DVT due to a lack of medical evidence.

But he accepted the businessman had suffered discomfort and found in his favour.

JMC is extremely disappointed by the conduct of the hearing and the decision to award damages

JMC Holidays

A JMC spokesman said the company was currently taking legal advice and considering an appeal.

Mr Horan said on Thursday he hoped the victory would encourage other air passengers to "stop the holiday companies treating us like cattle".

'Veal crate'

He said: "Both journeys were absolutely horrendous. I literally could not put my knees straight in front of me.

"It was either a case of putting my legs akimbo, which is agonising after a length of time, or sticking them into the aisle where they are constantly in the way or pushing them into the seat of the poor bugger in front."

He said the enjoyment of his holiday - a skiing trip to Canada - was "totally wiped out" by having to travel back in what he described as "a veal crate".

Mr Horan said he was advised to have a test for DVT and feared for his life if he had come down with the condition.

He said taking the holiday company to court was a matter of principle.

He said: "I just wanted to tell the holiday operators that they can't treat customers as if we don't exist, or at best are a nuisance to be dealt with."

A JMC Holidays spokesman said: "JMC is extremely disappointed by the conduct of the hearing and the decision to award damages for discomfort on a CAA licensed and operative aircraft with a valid certificate of airworthiness."

He said JMC treat the "safety and comfort of its customers" as a priority adhering to CAA guidelines