Rosemary and Nicholas Sherman, who are representing themselves, booked a cruise to the Northwest Passage with travel company Reader Offers Ltd (ROL). They brought a claim for a refund and compensation after their ship missed the majority of advertised destinations, instead exploring the west coast of Greenland.
Handing down judgment last week in Sherman and another v Reader Offers Ltd [2024] EWCA Civ 412, however, Lord Justice Males warned the couple that any compensation was likely to be ‘modest’.
Commenting on the proportionality of the case, he said: ‘I am concerned that a claim about a cruise in which nobody died or was injured or suffered any lasting damage has now occupied seven days in the County Court, two days in the High Court and a further two days in the Court of Appeal, and that a yet further hearing will be required before it can be concluded.
‘It is not for us to apportion responsibility for this… I would note, however, that the court has done what it could to help the parties to resolve this dispute without this time-consuming and expensive litigation.
‘As early as 18 February 2020, Deputy District Judge Loughbridge made an order that “At all stages the parties must consider settling this litigation by any means of Alternative Dispute Resolution (including Mediation)”.
‘Such orders are now increasingly common and must be taken seriously… we urged the parties to reach a pragmatic settlement so that they can put this case behind them… I would repeat that urging. Even now it is not too late.’
Both Lady Justice Asplin and Lord Justice Underhill also urged the parties to reach a pragmatic settlement.
