|Fred Olsen Boudicca Cruise Ship.|
Sixteen British holidaymakers who fell seriously ill on board a Fred Olsen cruise ship have finally won their case against the cruise line in the Court of Appeal and are now entitled to seek compensation.
Lawyers are now suggesting this legal victory could possibly pave the way for further court group actions and the award of compensation, for other outbreaks of Norovirus 'in confined spaces' to be considered by the Courts, particularly where people gather together for several days, and as in a NHS hospital, residential hotel or cruise ship. People come into repeated contact with the same group of residents day, day out; this could equally apply to hospitals, care homes, holiday camps, foreign hotels in gated communities, and long stay winter sun' type holiday hotels.
Three judges - Lord Justice Gross, Master of the Rolls Lord Dyson and Lord Justice Christopher Clarke - rejected an appeal by the UK-based cruise line and found it liable for norovirus outbreaks that ruined the passengers' holidays.
Irwin Mitchell claimed that it has represented more than 200 passengers who say they were affected by similar symptoms on board the Boudicca from 2009 to 2013.
The law firm secured a settlement of £280,000 for passengers who fell ill in 2009 and 2010, and is still seeking compensation for passengers who fell ill in 2012 and 2013.
Sources: Cruise Critic, Irwin Mitchell, CNS, FSA,Bailli,
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