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.

Click here for the judgment in the 2013 class action. It is currently under appeal in relation to certain technical issues. However, the appeal will have no effect on the facts set out in the judgment.

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 next steps

We are currently gathering details of passengers interested in pursuing a class action, and conducting other investigations, and will be in touch with you shortly.

Click here for Channel 10 news report.

Click here to register your interest



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