HOLLINGWORTH v. SOUTHERN FERRIES LTD. (THE "EAGLE")

[1977] 2 Lloyd's Rep. 70

QUEEN'S BENCH DIVISION

Before Deputy Judge Mr. Michael Ogden, Q.C.

Contract - Carriage by sea - Exemption clause - Intending passenger leaving holiday travel arrangements to friend - Friend given shipowners' brochure by travel agent - Brochure containing exemption clause - Friend subsequently given ticket also containing exemption clause - Both clauses read by friend - Passenger injured when restaurant chair fell during storm at sea - Whether shipowners negligent - Whether shipowners could plead exemption clause as defence. Damages - Quantum - Plaintiff aged 71 - Back injury - Pain in back at all times - Plaintiff rendered less mobile - Inability to raise left leg without difficulty - Muscles of left hip, knee and foot weakened.