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Court of Appeal Suinks Cruise Claim | DFA Law Northampton Solicitors News

PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.

The Court of Appeal has sunk the claim for damages for emotional distress made by a couple who were awarded damages after they cut short their £60,000 dream cruise, when it turned into a nightmare due to sickness and physical discomfort.

The couple abandoned the three-month cruise after only one month and then sued the cruise line, Cunard. The County Court awarded them £2,500 each for the diminution in value of the cruise and £7,500 each for distress and disappointment. The wife was also awarded £2,000 for wasted expenditure on new gowns.

The Court of Appeal considered that the claim relating to distress and disappointment was holed below the water line: the physical discomfort was ‘ephemeral’, and should not be equated with a psychiatric injury. The damages award was cut accordingly.

 

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