Lawrence v NCL (Bahamas) Ltd
The defendant was the contractual carrier under the Athens Convention, the incident occurred in the course of carriage, and both the defendant and the performing carrier were at fault or neglect for failing to adequately warn of the hazardous step. The findings of fact and law by the trial judge were correct and there was no real prospect of success on appeal.
- Parties
- Applicant: Lawrence; Respondent: NCL (Bahamas) Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 27 November 2017
- Procedural Posture
- Civil Appeal / Renewed Application for Permission to Appeal
- Outcome
- Application for permission to appeal refused
- Legal Topics
- Athens Convention, Carrier Liability, Negligence, Contractual Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Lawrence
Applicant
NCL (Bahamas) Limited
Respondent
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether the defendant was the contractual carrier under the Athens Convention
- 2 Whether the incident occurred in the course of 'carriage' under the Athens Convention
- 3 Whether the defendant was at fault or neglect for failing to adequately warn of a hazardous step
Ratio Decidendi
The defendant was the contractual carrier under the Athens Convention, the incident occurred in the course of carriage, and both the defendant and the performing carrier were at fault or neglect for failing to adequately warn of the hazardous step. The findings of fact and law by the trial judge were correct and there was no real prospect of success on appeal.
Court Disposition
Application for permission to appeal refused
Orders
- Application refused
Full Case Text
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