Mahapatra v TUI UK Ltd – QBD (Admlty Ct) (Jervis Kay QC, Admiralty Registrar) [2018] EWHC 3140 (Admlty) – 16 November 2018

Carriage of passengers by sea – Claimant sustaining personal injury while disembarking from cruise ship – Whether injury occurred during period of “carriage” within meaning of Athens Convention – Whether defendant entitled to summary judgment – Whether claimant entitled to amend particulars of claim to include new claim based on Package Travel, Package Holidays and Package Tours Regulations 1992

The plaintiff passenger brought a claim against the defendant cruise ship operator arising out of an incident which occurred on 16 January 2015 whilst the defendant’s cruise ship Thomson Dream was lying alongside in the Port of Havana, Cuba. The claim form was issued on 9 January 2017 and alleged that the claimant slipped on standing water on what had been described as the “gangway”.