Cruise ships – with their enclosed areas, increased exposure to new environments, and limited onboard medical resources – were always going to be susceptible to increased risk and rapid spread of SARS-CoV-2, the virus responsible for COVID-19. In this blog, Alex Carington of 12 King’s Bench Walk considers the potential liability of cruise ship operators…
Read moreMontreal Convention Claims: Fixed Costs Do Not Apply
Two recent County Court decisions (Mead v British Airways Plc (Unreported) Manchester County Court, 15 January 2018 and McKendry v British Airways Plc (Unreported) Liverpool County Court, 7 June 2018) have come to identical conclusions that personal injury claims under the Montreal Convention do not engage the EL/PL Pre-action Protocol. The result is that these…
Read moreThe Norwegian Jade – Athens Convention, “Carriage”
In this blog, David Green of 12 King’s Bench Walk considers the recently-reported application for permission to hearing of Lawrence v NCL (Bahamas) Ltd, the Norwegian Jade [2017] EWCA Civ 2222. The case deals with a novel point of construction of the Athens Convention 1974, concerning the liability of a sea carrier for injuries sustained…
Read moreSlips and Trips: The Athens Convention 1974 and Package Travel Regulations
In Jennings v TUI UK Limited (t/a Thomson Cruises) [2018] EWHC 82 (Admlty) on 13 November 2017 in the High Court of Justice, Admiralty Court, Alex Carington of 12 King’s Bench Walk, instructed by Mark Fanning of Miles Fanning Legal, appeared before the Admiralty Registrar Jervis Kay QC for the Defendant in a case considering…
Read moreCruise and Maritime Services International Limited v Navigators Underwriting Agency Limited [2017] EWHC 843 (Comm) – Athens Convention, Insurance
This blog post is by James Beeton of 12 King’s Bench Walk. In this short but interesting judgment, Knowles J considered the liability of insurance underwriters in the context of sums paid out by a cruise company following a sickness outbreak on a cruise ship. His judgment emphasises the centrality in disputes of this nature of the contractual relationship between the…
Read moreSwift & Ors v Fred Olsen Cruise Lines [2016] EWCA Civ 785 – Food Poisoning, Athens Convention, Causation
This case comment is by Alex Carington of 12 King’s Bench Walk. The case is a rare example of the Court of Appeal considering proper approaches to assessment of evidence, breach of duty and causation in the context of an outbreak of illness on a cruise ship.
Read more