The decision in South West Strategic Health Authority v Bay Island Voyages clarifies the liability of sea carriers & gives certainty to practitioners, says Angela Williams
The eagerly-awaited decision in the case of South West Strategic Health Authority v Bay Island Voyages [2015] EWCA Civ 708, [2015] All ER (D) 165 (Jul) has now been handed down by the Court of Appeal.
The action related to a claim by Dr Kathleen Feest who was seriously injured while on an away-day boat trip on 26 August 2008. At the time of the boat trip, which was part of a corporate team building exercise, she was on secondment. She boarded a RIB at Cardiff Bay with the intention of participating in a one-hour trip in the Bristol Channel. During the trip she sustained a crush fracture to her spine.
Initially, Dr Feest held the boat company responsible for this injury. She sought to bring proceedings against the company but her former solicitors issued proceedings outside of the two year limitation for accidents at sea. Consequently, she brought proceedings against her employer contending that as the injury occurred in the course
