Fred Olsen pays out to sick passengers on Boudicca

A group of passengers whose holidays on Fred Olsen’s Boudicca were ruined by gastric illness have received a five-figure settlement from the cruise line.

At a trial at Birmingham County Court, His Honour Judge Owen QC ruled there were failings on board the ship which caused 12 out of the 16 holidaymakers to become ill.

The decision ended a three-year battle by the passengers who travelled on board the cruise ship between March to April 2011.

Fred Olsen had repeatedly denied it was responsible for the problems which affected the sick passengers and their travelling companions.

The 16 holidaymakers had instructed specialist travel lawyers at Irwin Mitchell to help fight their case.

They have chosen not to reveal the exact settlement figure, but Irwin Mitchell confirmed it was a five-figure amount.

Irwin Mitchell had already secured a settlement of £280,000 for 139 passengers on-board the Boudicca cruise ship in 2009 and 2010, and is still acting on behalf of passengers who also suffered illness on-board the cruise ship in 2012 and on behalf of passengers following six cruises in 2013.

According to the law firm, many of the passengers included in the successful group legal action following cruises in 2011 were seen by the ship’s medical staff and some were confined to their cabins.

Passengers complained about hygiene procedures on board the ship which included inadequate cleaning of public areas and their cabins.

Judge Owen QC found that the fact that there had been repeated outbreaks of illness and incidents of the ship’s crew not complying with the outbreak plan and that they should have known that there was a problem.

The Judge also concluded that Fred Olsen outbreak plan had been unsatisfactorily implemented.

Clare Comiskey, a specialist International Personal Injury lawyer at Irwin Mitchell who represents the group, said: "It is a shame that Fred Olsen has dragged the case all the way to trial at court but we are delighted that the judge has ruled in our clients’ favour and that our clients will now receive a compensation from Fred Olsen after enduring such terrible times on board the Boudicca.

"There are strict procedures in place in order to prevent the spread of illness on board cruise ships, which include the need for ships to be subject to an extensive deep cleaning process following reports of problems.

"It is deeply frustrating that the cruise operator has failed in its duties to its own clients by not implementing its own outbreak of illness plan, particularly when they should have been aware of passengers falling ill on repeated cruises and it is testament to all of our clients in this case that they have been persistent in their pursuit of justice.

"Whilst nothing can ever fully make up for the suffering they endured during the cruise, this is a great result for our clients and I am very pleased to see that the Court has fully recognised the need for cruise lines to take appropriate steps to prevent passengers from contracting illness."

Fred. Olsen said in a statement today: "Every effort was made to contain the illness, in accordance with Fred. Olsen Cruise Lines strict onboard medical and sanitation protocols."

It said the majority of criticisms raised by claimants in the recent trial in Birmingham had  been dismissed by the Judge.

"However, the ruling against Fred. Olsen stated that its ‘Outbreak Control’ plans and procedures were not always able to resolve some high levels of outbreak that occurred," it said.
 
"Fred. Olsen Cruise Lines rejects any allegations made regarding the level of cleanliness and hygiene aboard its ships. At all times, the standards of health, safety and hygiene are of the highest across all four of Fred. Olsen’s ships and comply fully with the strict requirements and inspections of their Flag State and relevant authorities.  
 
"’Norovirus’, or ‘Winter Vomiting Virus’ – which is more contagious than the common cold, and is spread very easily by contact with surfaces and from person to person – is particularly prevalent during periods of cold weather. Most people do not report incidences, but on a cruise ship cases are particularly highlighted. Commonly, the illness abates within one or two days.
 
"It is frustrating that, even with the extra preventative and containment measures that were put in place, a number of guests on board these cruises were affected by this illness. All Fred. Olsen Cruise Lines’ guests are made aware of the importance of meticulous hygiene at all times; guests are asked to complete a medical questionnaire before embarkation, and are reminded regularly to use the hand sanitiser provided and to take the necessary precautions on board to minimise the infection.
 
"In the event of a gastric illness outbreak, Fred. Olsen Cruise Lines takes every precaution to ensure the swift containment of the illness on board, and a number of public areas, including all public toilets and the self-service buffet, are closed. Frequent cleaning of all areas of the ship is carried out, and any guest showing symptoms of the virus is asked to remain in his/her cabin, with complimentary room service and in-cabin entertainment, until he/she is considered to be symptom-free by the ship’s Doctor, before being able to join the rest of the ship.
 
"At Fred. Olsen Cruise Lines, the health, safety and well-being of all our guests and crew remains our utmost priority at all times."

The judgment comes after Boudicca was hit by a fire in its engine room over the weekend.

The cruise line has been forced to cut short the ship’s 18-night ‘Cape Verde and the Canaries’ cruise for it to undergo repairs.

Guests have been flown back to Southampton and Bournemouth and alternative arrangements have been made for those who are unable to fly home.

Fred Olsen expects that the next cruise, due to leave Southampton on February 7, will operate as planned.