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.”