header-logo header-logo

23 July 2015
Issue: 7662 / Categories: Legal News
printer mail-detail

Law on time bars & liability at sea is clarified

The Court of Appeal has clarified the law on time bars and liability at sea.

South West Strategic Health Authority v Bay Island Voyages [2015] EWCA Civ 708 concerned a claim by Dr Kathleen Feest who was injured on a boat trip as part of a team-building exercise.

Feest claimed against the boat company but her solicitors missed the two-year limitation deadline for accidents at sea. She then claimed against her employer. South West Strategic Health Authority served a defence and a Pt 20 claim against the boat company, arguing that the Athens Convention applied to the trip. The boat company retorted that under the Convention the claim was barred because of the the two-year limitation period.

However, South West succeeded at the Court of Appeal. Lord Justice Tomlinson disagreed that the Athens Convention was directly applicable to the Pt 20 claims.

Angela Williams, associate at Browne Jacobson, who acted for South West, says: “This judgment clarifies the liability of sea carriers and gives certainty to practitioners that contribution claims will be allowed in these circumstances.”

Issue: 7662 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll