Following a liability trial in the Admiralty Division of the High Court over three days between 18-20 November 2024, Deputy Registrar Brown gave judgment on Tuesday, 10 December. Mike Nkrumah was successful in acting for the claimant who ‘guillotined’ the end of her finger off in a top loader fridge door on a yachting holiday.
Environmentalist Sara Turnbull had been taking a bottle of water from the fridge whilst on a yacht owned by the defendant, ‘Georgie’, in Greece in May 2018 when ‘suddenly and without warning the fridge door slammed shut,’ chopping off her fingertip.
Ms Turnbull sued Brighton-based Neilson Active Holidays Ltd for £1.4m, the company she chartered the six-person yacht from, with the company denying liability and blaming Ms Turnbull for dropping the door ‘accidentally’ onto herself.
The court was not concerned with the value of the claimant; however, the claim is presently pleaded at a value of £1.4m. Attention will now turn to assessing the value of the claim – a matter which was put on hold whilst the issue of liability was dealt with.
Judge Simon Brown found that the fridge on the 32-foot Dufour 325 luxury yacht which ‘amputated’ the end of Ms Turnbull’s finger was inherently unsafe, and in the ruling said it would have ‘wider implications’ for other yachts. Despite such potential implications he considered that it was correct to find for the claimant on the evidence adduced at trial. However, he did find that there was contributory negligence on the part of the claimant, and this was assessed in the sum of 30%. He determined that the claimant will in due course receive 70% of any future compensation from the defendant.
The claimant offered to agree to accept a 70/30 (in her favour) division of liability without the need for the expensive liability trial, however, the defendant rebuffed that offer. As that offer was made on a Part 36 basis, the claimant will receive her costs of the liability trial on the indemnity basis.
The case has been covered extensively in the press:
Mike Nkrumah was instructed by Darrel Jardine, Associate Solicitor, Simpson Millar.
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