Feest v South West Strategic Health Authority

Subject Matter

LIMITATION OF ACTION — Carriage by sea — Personal injury of passenger — Claimant employee injured on rigid inflatable boat trip organised by employer — Claimant suing employer — Employer claiming contribution from operator of boat — Employer's contribution claim brought outside time limit laid down in Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 — Whether claim for contribution time-barred — Civil Liability (Contribution) Act 1978, s 1 — Merchant Shipping Act 1979, Sch 3, art 16

[2014] EWHC 177 (QB); [2014] 1 Lloyd’s Rep 419, QBD

SHIPPING — Carriage of passengers — Liability for injury — Claimant injured during boat trip — Claimant bringing action against employer alleging injury sustained in course of employment — Employer claiming contribution from carrier — Carrier relying on time bar in Athens Convention — Whether Convention applying to contribution proceedings — Time bar applying to action for damages for personal injury — Whether extinguishing underlying right of action — Whether claim for contribution against carrier extinguished — Civil Liability (Contribution) Act 1978 (c 47), s 1(1) — Merchant Shipping Act 1995 (c 21), Sch 6, Pt I, art 16(1)

[2015] EWCA Civ 708; [2016] QB 503; [2016] 2 WLR 649; [2016] 4 All ER 107; [2016] 1 All ER (Comm) 821; [2015] 2 Lloyd's Rep 652; [2015] WLR (D) 306, CA