The South West Strategic Health Authority v Bay Island Voyages [2015] EWCA Civ 708 (14 July 2015)

The South West Strategic Health Authority v Bay Island Voyages [2015] EWCA Civ 708 (14 July 2015)

The Athens Convention does not apply to claims for contribution between tortfeasors; Article 16 of the Convention is a remedy-barring provision and does not extinguish the underlying right. Therefore, the claim for contribution is not time-barred by the Convention, and the carrier's liability to contribute depends on its liability to the passenger, governed by the Convention's limitation provisions.

Citation
[2015] EWCA Civ 708
Parties
First Defendant/appellant: The South West Strategic Health Authority; Third Party/respondent: Bay Island Voyages
Jurisdiction
England and Wales
Judgment Date
14 July 2015
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal allowed
Legal Topics
Athens Convention, Limitation Periods, Contribution Claims, Interpretation of International Conventions
Maritime Law Personal Injury International Law Athens Convention Limitation Periods Contribution Claims Interpretation of International Conventions

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Parties

The South West Strategic Health Authority

First Defendant/appellant

Bay Island Voyages

Third Party/respondent

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Does the Athens Convention apply to claims for contribution between tortfeasors?
  2. 2 Does the time bar in Article 16 of the Athens Convention extinguish the right or merely bar the remedy?

Ratio Decidendi

The Athens Convention does not apply to claims for contribution between tortfeasors; Article 16 of the Convention is a remedy-barring provision and does not extinguish the underlying right. Therefore, the claim for contribution is not time-barred by the Convention, and the carrier's liability to contribute depends on its liability to the passenger, governed by the Convention's limitation provisions.

Court Disposition

Appeal allowed

Orders

  • The claim for contribution is not barred by the Athens Convention.
  • The case is remitted for further proceedings on the merits of the contribution claim.