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01 May 2024
Issue: 8069 / Categories: Legal News , In Court , ADR
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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
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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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