Collins v Lawrence

Collins v Lawrence

Disembarkation was not completed until the claimant was safely on the shingle beach; as the accident occurred while still using disembarkation equipment, the Athens Convention applied and the claim was time barred.

Parties
Applicant: Collins; Respondent: Lawrence
Jurisdiction
England and Wales
Judgment Date
23 November 2017
Procedural Posture
Application for Permission to Appeal / Court of Appeal Decision
Outcome
Application for permission to appeal refused
Legal Topics
Interpretation of Athens Convention, Disembarkation Definition, Limitation Period for Personal Injury, Carrier Liability
Maritime Law Personal Injury Limitation of Actions Interpretation of Athens Convention Disembarkation Definition Limitation Period for Personal Injury Carrier Liability

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Parties

Collins

Applicant

Lawrence

Respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether disembarkation was completed at the time of the accident under the Athens Convention
  2. 2 Whether the claim was time barred by the Convention's limitation period

Ratio Decidendi

Disembarkation was not completed until the claimant was safely on the shingle beach; as the accident occurred while still using disembarkation equipment, the Athens Convention applied and the claim was time barred.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal is refused