Forty-three passengers (the respondents) fell ill on board a cruise ship, The Thomson Spirit, during its voyage from Ibiza to Zeebrugge. They alleged that the appellant carrier was liable for their personal injury under art 3 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (Athens Convention 1974). Their claims had to be brought within the limitation period of 2 years from the date of disembarkation (art 16 of the Athens Convention 1974).

The respondents filed their claims within the 2 year limitation period against the appellant and alleged poor hygiene in the preparation and service of food and drink, causing bacterial gastroenteritis. The respondents applied to amend their pleadings to include viral infection as an alternative cause to bacterial gastroenteritis. The application to amend the pleadings was made after the limitation period elapsed. The appellant opposed the respondents' application to amend their pleadings in the trial court, but was unsuccessful. The appellant appealed against this decision.

Held: Appeal unsuccessful.

The proposed amendments to the pleadings did not arise from the same facts because the necessary steps to mitigate the risk of infection for bacterial and viral causes were different. They were, therefore, new claims. However, as the new claims arose from substantially the same facts that were already in issue on the old claims, the court retained a discretion to allow the amendments (r 17.4(2) of the CPR), but this discretion should be exercised in accordance with the overriding objective of r 1 of the CPR to 'deal with cases justly and at proportionate cost'. The exercise of discretion was justified on balance, and the amendments were allowed.