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UK law firm Hill Dickinson successfully defends class action in Norovirus case

Details: Written by Kari Reinikainen Kari Reinikainen; Category: More News More News; Published: 31 July 2015 31 July 2015

In what is being seen as a landmark decision, Hill Dickinson is the first law firm to have successfully defended a UK class action case involving a Norovirus outbreak onboard a cruise liner, the company said in a statement.

The case, which involved an outbreak of gastroenteritis onboard the Thomson Spirit, chartered by TUI UK limited and operated by Louis Cruises, was a 43-claimant class action, 28 of whom had alleged bacterial illness with the balance claiming breach of contract. The case was brought against TUI UK Limited who as contracting carrier would have been liable for the fault or neglect of the performing carrier, Louis, pursuant to the Athens Convention 1974.

Lawyers acting for the claimants had alleged that the outbreak was bacterial, caused by negligence on the part of the cruise line and poor adherence by the crew to the ship’s established outbreak response plan. In the alternative, if it was Norovirus, then the ship itself was the source of the outbreak and the crew then failed to implement its GI Outbreak procedures.

However, the performing carriers, Celestyal Cruises (Louis Cruise Lines) produced test results showing that this was a Norovirus attack rather than Campylobacter as alleged.

“The court accepted that the systems on board had been fully implemented by the officers and the crew to bring the virus under control and was influenced by the documentation produced to support the case, the fact that Louis tested for pathogens and the deployment of systems beyond the levels that were required for the numbers of illness. This was a great example of team work between owners, charterers, external health hygiene auditors, the authorities and lawyers,” said Maria Pittordis, Head of Marine, Trade and Energy and a partner at Hill Dickinson.

Judge David Mitchell, sitting in the Central London County Court, found in favour of the cruise line, saying that it was a very well-controlled outbreak and that the cruise line applied and implemented its systems well and that the cruise line was not negligent.

Maria Pittordis added: “The judgement is the first claim of its type to be successfully defended at trial in the UK. It is of great importance to the cruise industry in recognising that Norovirus is not caused by the ship and that even with high levels of implementation of industry procedures, outbreaks of Norovirus do occur.”

In coming to his decision, the judge took into account not only the evidence taken from the ship but also evidence from the passengers. This included passenger complaints about not being able to have self-service food, being given paper napkins and being confined to their cabins. The judge found, however, that these complaints were deemed to be evidence of compliance with the ships’ outbreak plan.

There were two issues of law decided in favour of the cruise line. The first, was that the Claimants argued that the ship was contaminated with Norovirus and therefore this was a “Defect in the Ship” giving rise to a presumption of liability in favour of the Claimants pursuant to Article 3 (3) of the Athens Convention. This was rejected and the cruise line’s argument that this could only be applied to navigational and marine perils rather than to hotel services onboard was accepted. As a matter of fact the judge ruled the ship was not contaminated in any event when the Claimants commenced their cruise.

The judge also decided that in accordance with the case of Sidhu v British Airways, 1997 AC p 430, which applies to carriage by air, the 1974 Athens Convention 1974 is the exclusive remedy to Claimants travelling by sea for personal injury and therefore the allegations regarding a duty to warn of both historic and potential illness did not, as a matter of law, fall within the Athens Convention because the alleged failure did not occur during the carriage. The judge held as a matter of fact that there was no such duty to warn as there could be no criticism of the handling of illness involving 16 passengers on the previous cruise. Those cases he said had been contained and given the numbers involved and the measures in place when the previous cruise came to an end, there was no need to warn or indeed provide another ship as alleged. The judge found that the enhanced housekeeping measures and the other measures required by the outbreak control plan had been put into effect and the defendant had discharged the duty of care to the claimants.

P&O Cruises Australia to refit Pacific Pearl

Details: Written by Kari Reinikainen Kari Reinikainen; Category: More News More News; Published: 31 July 2015 31 July 2015

Pacific Pearl, the1989 built 63,524 gross ton unit pf P&O Cruises Australia, is undergoing a refit, the company said in a statement..

A new P&OEdge Adventure Park will feature more than 15 great activities including a surfboard simulator offering guests the chance to hang ten on the decks, as well as favourites such as the bungy tramp, flying fox and walk the plank.

“When she emerges from the Sydney dry dock on August 15, Pacific Pearl will alsooffer a PANDORA outlet, enabling guests to indulge in some holiday shopping with one of Australia’s top jewellery brands,” said the company, which is part of Carnival Corp & plc group.

The ship’s décor will take on a stylish new look following the refit, with a fresh colour palette and contemporary furniture, wallpaper, artwork and carpet creating a modern Australian feel for the Orient, Mix bar, Connexions, the Atrium and Luna restaurant. Meanwhile, the Plantation buffet will be redesigned to offer a trendy café vibe.

The multi-million dollar refurbishment will see a general refresh of guest cabins and other public spaces including the Dome, spa and Waterfront restaurant, with a total of 17,000sqm of carpet being fitted on the ship.

Enhancing the onboard entertainment, duelling pianos will be added to The Orient turning the bar into a lively and interactive music hub.

P&O Cruises Senior Vice President Sture Myrmell said the refit was in line with Pacific Jewel’s recent refurbishment, as well as the contemporary design of the cruise line’s latest ships, Pacific Aria and Pacific Eden, which will join the fleet in November this year.

“Pacific Pearl will be gleaming when she comes out of dry dock– we can’t wait for our guests to see the new look and enjoy all her additional features,” Myrmell said.

Quantum of the Seas debuts Kung Fu Panda Noodle Shop

Details: Written by Teijo Niemelä Teijo Niemelä; Category: More News More News; Published: 30 July 2015 30 July 2015

Royal Caribbean International and DreamWorks Animation commemorated the grand opening of the Kung Fu Panda Noodle Shop, a new family style eatery on board Quantum of the Seas and the first-ever DreamWorks Animation Kung Fu Panda themed restaurant on land or at sea. Guests will be able to give their taste buds a “Kung Fu” kick with the bold flavors of dim sum delights, savory noodle bowls and traditional Chinese desserts alongside Po and the cast of colorful characters from the DreamWorks Animation film Kung Fu Panda.

“We’re very excited to continue building on our relationship with DreamWorks Animation and offer our guests new dining experiences onboard Quantum of the Seas as she debuts in her new home in China,” said John Suley, Vice President, Food and Beverage, Royal Caribbean International. “A creative collaboration amongst our team of chefs to create the menu for our Kung Fu Panda Noodle Shop is another example of how we continue to ensure that our on board options reflect what today’s food-conscious traveler and our Chinese guests expect from their vacation.”

Following a 53-night global odyssey from New York to Shanghai, Quantum of the Seas set sail for the first time from her new homeport of Shanghai, China on June 25, 2015. She will sail three- to eight- night itineraries year-round from Shanghai to Japan and Korea. The newest addition on board, the Kung Fu Panda Noodle Shop will entice guests to indulge in four-piece dim sum, noodle bowls, such as Taiwanese spicy beef noodles, and desserts including sesame balls and custard tart. Guests also can strike a pose with Po and the Furious Five for a keepsake picture sure to reveal their inner Dragon Warrior. Menu items are priced a la carte, ranging from $2 to $5.

The DreamWorks Experience, available only on Royal Caribbean, allows guests to get up close and personal with their favorite feature-film characters such as Shrek, Fiona and Puss In Boots of Shrek; Alex the Lion and the Penguins of Madagascar; Po of Kung Fu Panda; and Hiccup of How to Train Your Dragon. Guests can engage with their favorite characters during energetic parades, character breakfasts, themed activities and more. The DreamWorks Experience is available on Quantum of the Seas, Allure of the Seas, Oasis of the Seas, Freedom of the Seas, Liberty of the Seas, Voyager of the Seas and Mariner of the Seas.

Quantum of the Seas, which debuted in November 2014, is the first of Royal Caribbean’s Quantum-class ships, which include Quantum of the Seas, Anthem of the Seas, Ovation of the Seas, as well as a fourth vessel to be delivered in 2019. Quantum-class ships feature unmatched innovations in onboard attractions, such as RipCord by iFLY, the first skydiving experience at sea; the North Star, an engineering marvel that transports guests more than 300 feet above the ocean; SeaPlex, the largest indoor sports and entertainment complex at sea with bumper cars, roller skating and more; as well as the Bionic Bar powered by Makr Shakr—home to the world’s first robotic bartenders.

MSC Cruises to offer anti-wrinkling treatments at spas on board

Details: Written by Kari Reinikainen Kari Reinikainen; Category: More News More News; Published: 30 July 2015 30 July 2015

Sailing with MSC Cruises just got even smoother following the introduction of a range of non-surgical anti-wrinkle treatments for guests, the world’s fourth largest cruise company said in a statement.

All 12 ships in the MSC Cruises fleet will now offer holidaymakers the opportunity to indulge themselves with the latest wrinkle and dermal filler treatments as part of the comprehensive pampering and rejuvenating therapies offered in its MSC Aurea Spas, said the Geneva based company.

Maritime wildlife artist Guy Harvey to produce hull artwork of Norwegian Escape

Details: Written by Kari Reinikainen Kari Reinikainen; Category: More News More News; Published: 30 July 2015 30 July 2015

Marine wildlife artist Guy Harvey laid eyes upon his largest canvas to date for the first time this week – the hull artwork on the new Norwegian Escape, debuting this November in Miami for Norwegian cruise Line, the contemporary market unit of Norwegian Cruise Line Holding group.

Currently being built in Meyer Werft in Germany, Norwegian Escape is Norwegian Cruise Line’s newest ship, the largest in the company’s history. Norwegian Escape represents an evolution of the line’s innovative history of providing guests with the freedom and flexibility to enjoy their ideal cruise holiday,” Norwegian said in a statement.

The shipyard visit took place as Harvey’s artwork is now beginning to take shape, bringing to life his perspective of the spectacular Caribbean marine life on the expansive canvas of Norwegian Escape’s hull.

Spanning more than 1,000 feet in length from bow to stern, the custom-designed artwork features a scene of marine wildlife which blends two underwater seas seamlessly together. Featuring Harvey’s signature sailfish, the design also showcases key Caribbean sea life including sting rays, sea turtles, whale sharks and a variety of tropical fish.

“I’m so proud to showcase the incredible marine life of the Caribbean on the largest canvas a human could possibly paint,” said Dr. Guy Harvey. “After weeks of work, the artisans at Meyer Werft have done an incredible job of recreating my art on such a vast format. I’m overjoyed at the level of detail that has been achieved and I can't wait to see Norwegian Escape in her element out on the ocean.”

The process of creating the artwork is a lengthy one, beginning with a laser that projects the design onto the hull. A team then outlines the art onto the curved hull, pencilling in the lines and then taping the edges in preparation for applying the paint by hand.