Collins v Lawrence [2017] EWCA Civ 2268 (23 November 2017)

Collins v Lawrence [2017] EWCA Civ 2268 (23 November 2017)

Disembarkation was not complete until the claimant was safely on the shingle beach, as the steps and board were part of the disembarkation equipment; therefore, the Athens Convention applied and the claim was time barred.

Source-derived case information.

Citation
[2017] EWCA Civ 2268
Parties
Applicant: Collins; Respondent: Lawrence
Jurisdiction
England and Wales
Judgment Date
23 November 2017
Procedural Posture
Application for Permission to Appeal / Court of Appeal (civil Division) Permission to Appeal From County Court Judgment
Outcome
Permission to appeal refused
Legal Topics
Interpretation of Athens Convention, Limitation Period for Personal Injury, Definition of Disembarkation, Carrier Liability
Maritime Law Personal Injury Interpretation of Athens Convention Limitation Period for Personal Injury Definition of Disembarkation Carrier Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Collins

Applicant

Lawrence

Respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal (civil Division) Permission to Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the claimant had completed disembarkation at the time of the accident under the Athens Convention
  2. 2 Whether the Athens Convention time bar applied to the claim

Ratio Decidendi

Disembarkation was not complete until the claimant was safely on the shingle beach, as the steps and board were part of the disembarkation equipment; therefore, the Athens Convention applied and the claim was time barred.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused