Davis v Stena Line Ltd - QBD (Forbes J) - 17 March 2005

Negligence - Ferry passenger falling overboard from ferry in bad weather - Passenger drowned before able to be rescued - Whether ferry owners negligent - Expert evidence initially prepared on conditional fee basis - Whether expert evidence admissible

The claimant brought proceedings against the defendants ("Stena") under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934 in respect of the death of her husband, Mr Davis, who drowned after falling overboard from the Koningin Beatrix, ("KB") a high-sided "roll-on roll-off" ferry during passage from Rosslare in the Irish Republic to Fishguard in Wales. Mr Davis had been a passenger on the vessel, and had gone overboard in bad weather at about 1140 at a time when the vessel was executing a 30 degree turn to starboard to avoid a container vessel, the Celtic King.