Swift & Ors v Fred Olsen Cruise Lines (2016)
Swift & Ors v Fred Olsen Cruise Lines (2016)
Failure to manage the risk of norovirus - documentary evidence without witness evidence may be insufficient to prove a safe system was implemented.
Summary
The Issues
At first instance it was held that 16 Claimants succeeded in their claims against the Defendant for damages in respect of norovirus on a number of cruises during 2011.
It was held that although the Defendants “Norovirus Outbreak and Control Plan” was appropriate and complied with industry standards, the Defendant had not demonstrated to the court that it had been adequately implemented.
The Defendant appealed, arguing that HHJ Owen’s conclusion was contrary to the weight of its evidence as a whole, which included 25 lever arch files of checklist records.
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