header-logo header-logo

01 May 2024
Issue: 8069 / Categories: Legal News , In Court , ADR
printer mail-detail

Cruise claim couple urged to settle

Three Court of Appeal judges have urged a couple whose cruise in Arctic Canada was diverted due to icy conditions to ‘reach a pragmatic settlement’ rather than continue through the courts

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.

Issue: 8069 / Categories: Legal News , In Court , ADR
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll