MILNER & ANOR V CARNIVAL PLC (T/A CUNARD)

[2010] EWCA Civ 389, Court of Appeal, Civil Division, Lord Justice Ward, Lord Justice Richards and Lord Justice Goldring, 20 April 2010

Carriage (sea) - Passengers - Ruined holiday - Measure of damages - Legitimate expectations of a holiday - Damages for distress and disappointment - Damages for diminution of value

The claimant married couple had booked an extended cruise on Queen Victoria on her maiden voyage. There were problems with noise in their cabin and they were moved around to a succession of cabins. The result of the problems and the lack of a permanent solution was that they did not enjoy their holiday and disembarked 28 days into the four-month cruise. They claimed damages from the cruise line. Some issues were settled so that by the time of the trial, the question was of the diminution in value suffered during the 28 days of the cruise, which the claimants argued to be 50 per cent, representing a place to sleep at night, and the cruise line argued to be much smaller given that the noise problems had only occurred during a few stormy nights and the claimants had been given a quiet cabin to sleep the rest of the journey. As for distress and disappointment, against the claimants' case that they had been unable to sleep for most of the journey and had been moved around a lot, the defendants argued that they had been upgraded to better cabins. Mrs Milner had claimed for wasted expenditure for gowns bought for £4,300 which she would have had the opportunity to wear on board but would not have much opportunity to wear at home. The judge had awarded £2,500 each to the defendants for diminution in value; £7,500 each for distress and disappointment and £2,000 for wasted expenditure, a total of £22,000. The cost of the return journey was not allowed, because an alternative cabin that had been offered had been unreasonably turned down. The cruise line appealed.