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Lloyd's Maritime and Commercial Law Quarterly

English Shipping Law

Stephen Girvin**

CASES

154. Feest v South West Strategic Health Authority 1

Limitation of time—personal injury sustained by employee on rigid inflatable boat (RIB) trip—whether claim for contribution by employer against operator outside Athens Convention 1974, Art.16—whether claim for contribution against carrier extinguished—Civil Liability (Contribution) Act 1978, s.1(1)

F sustained a lower back wedge compression fracture while on board a rigid inflatable boat, Celtic Pioneer.2 F was taking part in a corporate team-building exercise in the Bristol Channel when the accident occurred. She brought a personal injury claim against H, her employer, just before the three-year limitation period was about to expire. H brought a CPR Part 20 claim3 against B, the owner and operator of Celtic Pioneer, seeking a contribution to any liability it had to F under the Civil Liability (Contribution) Act 1978, s.1(1).4 B asserted that the boat trip was one to which the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea 1974 applied and that, as a result of Arts 14 and 16 of that Convention, the claim for contribution was barred because it had not been brought within two years of the date on which F disembarked. The district judge accepted B’s submission and dismissed the Part 20 claim.
On appeal, the judge also dismissed the claim. The words used in Art.16 had to be given an objective interpretation and so the words “an action for damages… shall be time-barred after a period of two years” in Art.16(1) meant that no action for damages arising out of personal injury to a passenger could be brought against the carrier after two years had elapsed from the date of disembarkation.


English Shipping Law

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