header-logo header-logo

09 December 2011 / Keith Patten
Issue: 7493 / Categories: Features , Professional negligence , Personal injury
printer mail-detail

Thrills & spills

Keith Patten reviews the implications of Dawkins upon liability in negligence & evidentiary burdens

 

At first sight the recent Court of Appeal decision in Dawkins v Carnival plc [2011] EWCA Civ 1237 may seem to be of only specialist interest, being a case which arose under the Athens Convention on the Carriage of Passengers by Sea. As Pill LJ points out, however, the test for liability under the Convention is essentially a negligence test and the issues which arose are substantially the same as would have arisen had the accident occurred on premises in England and Wales. The decision also reviews the oft-cited, and sometimes misunderstood, case of Ward v Tesco Stores Limited [1976] 1 All ER 219, [1976] IRLR 92.

The facts

The facts of Dawkins are relatively simple. The claimant was a passenger aboard the cruise ship Oriana. While walking through the conservatory restaurant at about 2pm she fell and suffered injury. The judge found as a fact that on the balance of probabilities she fell on some
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll