Swift & Ors v Fred Olsen Cruise Lines
FOCL was at fault due to multiple material failures in implementing its Norovirus Outbreak and Control Plan, which caused or materially contributed to the claimants contracting norovirus on board. The judge was entitled to find causation and breach of duty under the Athens Convention.
- Parties
- Respondents: Swift & Others; Appellant: Fred Olsen Cruise Lines
- Jurisdiction
- England and Wales
- Judgment Date
- 29 July 2016
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Carrier Liability, Personal Injury, Implementation of Safety Plans, Causation, Standard of Care
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Swift & Others
Respondents
Fred Olsen Cruise Lines
Appellant
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether FOCL failed to take reasonable steps to manage norovirus risk
- 2 Whether failures in implementing the Norovirus Outbreak and Control Plan caused claimants' illnesses
- 3 Appropriate standard for breach of duty under the Athens Convention
Ratio Decidendi
FOCL was at fault due to multiple material failures in implementing its Norovirus Outbreak and Control Plan, which caused or materially contributed to the claimants contracting norovirus on board. The judge was entitled to find causation and breach of duty under the Athens Convention.
Court Disposition
Appeal dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment