2018 Cruises

Incredibly, Scenic have done it again.

Europe experienced a historic drought during the summer of 2018. As a result, the river levels were so low that many parts of the European waterways were impassable for cruise ships. However, as they did in 2013, Scenic decided not to cancel the “cruises”, and carried passengers by bus between stranded cruise ships, being used as floating hotels. Scenic run cruises both under the  Scenic brand and the Evergreen brand. 

In the class action for the 2013 “cruises”, Scenic lost in the Supreme Court and lost in the Court of Appeal on all points other than a technical point about calculating damages. They then appealed to the High Court, but their appeal was rejected. We are currently taking proceedings to determine how much damages the passengers are to receive.

Click here for the judgment in the 2013 class action. 

What is a class action?

Where at least 7 people have a similar claim against the same defendant, a class action can be launched. There is only one plaintiff, but the judgment decides fundamental questions relating to the claims by all of the members of the class. Once that judgment is successful, as has occurred in our previous class action, the next step is for the court to decide how much money each member of the class is to receive. Often, it is based on a formula, for example, it could be a multiple of the amount of money each person paid to their cruise.

Who pays for the legal costs?

There are several companies which specialise in funding class actions. The arrangement is generally that they pay all of the costs of the proceedings, in return for receiving payment from the successful outcome of the case. In the unlikely event that the class action is unsuccessful, the litigation funder will pay any costs awarded in favour of the defendant.

Accordingly, the members of the class pay nothing, apart from the entitlement of the litigation funding company to receive a percentage of their settlement or judgment.

The current proceedings

We took proceedings in the Supreme Court, to force Scenic to hand over documents, including passenger lists. We won, and Scenic were ordered to hand over the documents. However, no surprise, they are launching an appeal.

In view of the judgments for the 2013 "cruises" it is hard to imagine how they could win. However, their tactics are to use every available avenue of appeal, slowing down the court process.

Click here for Channel 10 news report.

Click here to register your interest

 

 

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