Lloyd's Maritime and Commercial Law Quarterly
ATHENS CONVENTION TIME BAR
Paul Todd*
South West Strategic Health Authority v Bay Island Voyages
South West Strategic Health Authority v Bay Island Voyages
1 concerned a contribution claim by an employer, sued in respect of an action that (allegedly) occurred to an employee whilst at work, against the operator of the vessel on which the employee was travelling, who was actually responsible.2 It raises issues as to the nature of the time bar in Art.16 of the Athens Convention 1974,3 and as to the application of that Convention to contribution claims generally. Perhaps more importantly, the decision highlights the problems of incorporating international Conventions into English domestic law, and the need for draftsmen to be aware of the peculiarities of English law, when drawing up such Conventions.
Facts and main issue
The facts are more fully set out in the note on this case at first instance.4 Essentially, Dr Feest was injured while travelling in a rigid inflatable boat (“RIB”), the Celtic Pioneer, on what was alleged to be a corporate team-building exercise organised by her employers, South West Strategic Health Authority (“SWSHA”). She sued, not Bay Island Voyages, the operators of the RIB, but SWSHA (claiming that the injury had occurred in the course of her employment). Though the incident occurred on a domestic voyage, starting and finishing at Cardiff, with no intermediate ports of call, it was one to which the provisions of the Athens Convention 1974 applied, including the two-year time bar in Art.16 of that Convention. Dr Feest brought her personal injury claim against SWSHA outside that two-year period, though within the three-year limitation period for personal injury claims. SWSHA then issued a Part 20 claim against Bay Island Voyages, for a contribution in
1. [2015] EWCA Civ 708. Tomlinson LJ delivered the only judgment of substance. Laws and Kitchin LJJ agreed with it.
2. Bay Island Voyages, who were assumed for the case to be at fault (though this was denied by them): [2015] EWCA Civ 708, [6], [10].
3. Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974.
4. Paul Todd: [2014] LMCLQ 344, noting Feest v South West Strategic Health Authority [2014] EWHC 177 (QB); [2014] 1 Lloyd’s Rep 419 (HHJ Havelock-Allan QC, sitting as a judge in the High Court). This decision was reversed by the Court of Appeal.
478