Athens Convention

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1974 Convention relating to the carriage of Passengers and their luggage at sea

• Revised by the 2002 Protocol
• Adopted by the IMO November 2002
• Incorporated into UK Law by the Merchant Shipping (Convention Relating to the Carriage of Passengers and Their Luggage by Sea (Amendment) (Order )2014
• Came into force 23 April 2014

Art 14

• Art 14- No action for damages for death or personal injury to a passenger may be brought against a carrier or perfoming carrier other than in accordance with the convention
• mandatory- replaces rather than supplements common law

Scope

• Art 1(2)
• any person carried in a ship under a contract of carriage .
• would not include eg crew member
• not necessery for passenger to have bought ticket
• no distinction between business and leisure

Art 1(3)

Applies to "International Carriage"

• Art 1 (9) “international carriage” means any carriage in which, according to the contract of carriage, the place of departure and the place of destination are situated in two different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is an intermediate port of call in another State

Jurisdiction?

• Special regime- not covered by Brussles convention
• Claimant has wide choice of forum

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• ART 17.1- claimant can bring the claim in any of the following courts provided it’s in a State Party to the convention 1. Permanent residence/ principal place of business of the defender 2. Court of the place of departure or destination (acc to the contract of carriage) 3. Court of the State of the domicile or permanent residence of the claimant if the defendant has a place of business and is subject the jurisdiction of the state 4 a court of the State where the contract of carriage was made if the defendant has a place of business and is subject to the jurisdiction of the state

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