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We are proud to have secured decisions in the following cases which are leading authorities on the points they address.
Collins v Lawrence (2016) August 2016 – Canterbury County Court
This was a ground breaking decision given in a reserved judgment on 21 September 2016 in the Defendant’s favour. The case determined a previously undecided issue of what amounted to disembarkation for the purposes of the Convention Relating to Carriage of Passengers and their Luggage by Sea 1974.
This decision has been both reported widely and relied upon by ship-owners.
Collins v Lawrence (2017) EWCA 2268 Civ – Court of Appeal
The Claimant sought permission from the Court of Appeal to appeal the above decision. Permission to appeal was declined.
This Court of Appeal decision has provided a very real authority for use in Athens Convention cases and has been widely reported.
Click on this link for the judgement of this decision …
Hillier v Adams [2015 – A90BS407/1IR20346]
This case involved a collision between 2 privately owned personal watercrafts. DGB Solicitors acted for the Defendant.
The issues before the High Court surrounded service and valid acceptance of a Part 36 offer by a Protected Party.
The Court, sitting in Bristol, found that the Notice of Withdrawal of its Part 36 offer was properly served by the Defendant and that a Protected Party can only validly accept a Part 36 offer with Court approval.
Click on this link for the Approved Judgment of HHJ Denyer QC
The Sea Eagle (Michael v Musgrave) [June 2011 – Admiralty Court]
This case involved an accident which occurred on a Rigid Inflatable Boat (“RIB”) undertaking a nature watching trip off the coast of Anglesey.
The Court had to decide whether the RIB was a “seagoing” vessel for the purposes of Article 16 of the Athens Convention. The Court found that the RIB was a seagoing vessel as it was capable of travelling across the “sea”, and during the passage in question it had travelled across an area classified as “sea” by the relevant Merchant Shipping Notice, then MSN 1776.
Click on this link for the judgment of this decision ….