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04 September 2015 / Angela Williams
Issue: 7666 / Categories: Features , Personal injury
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Calmer waters

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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

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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
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