Harrogate couple's cruise damages pay-out reduced

Cunard said the pay-out was "manifestly excessive"

A Harrogate couple who claim their dream holiday on a cruise ship was ruined have had their £22,000 damages award against Cunard nearly halved.

Terence and Cynthia Milner paid just over £59,000 for the 15-week world maiden voyage on the Queen Victoria.

The Court of Appeal heard the couple became ill and were in a "terrible state" after a series of events triggered by hitting heavy seas.

A judge said the compensation was excessive and reduced it to £12,000.

In May 2009, the couple, who are both in their 60s, were awarded the money by a county court judge in Bradford, but Cunard went to the Court of Appeal in a bid to reduce it.

They felt unwell and Mr Milner suffered from mouth ulcers and Mrs Milner from breathing difficulties Barrister Sarah Prager

Cunard's counsel Christopher Lundie said the initial award - made up of £2,500 each for the diminution in the value of the cruise and £7,500 each for their distress and disappointment, plus £2,000 for Mrs Milner's wasted expenditure on her wardrobe of formal dining gowns - was "manifestly excessive".

Sarah Prager, for the Milners, had told the court that the couple had looked forward to their holiday for 19 months.

The court was told the couple's trouble began on the first night of their holiday when a banging noise in their cabin began in bad weather and meant they were unable to sleep.

Cunard accepted the couple were unable to sleep on the first two nights and provided them with another suite, which was later upgraded.

'Just compensation'

But Miss Prager said the first alternative accommodation was an inside cabin fitted for disabled passengers which suffered from constant engine noise.

They were later moved to another suite but were worried about how long they could keep it because it had been booked by passengers joining the voyage later.

Miss Prager said: "They felt unwell and Mr Milner suffered from mouth ulcers and Mrs Milner from breathing difficulties."

Eventually the couple left the cruise in Honolulu, and were refunded £48,240 of the £59,052 they paid for the holiday.

They stayed for six weeks before boarding the Queen Elizabeth II back to Southampton.

Miss Prager said Mr Milner was "in a terrible state" and they were both "exhausted and inconsolable" after the holiday.

Lord Justice Ward said: "I am satisfied that a total award of £12,000 is fair and just compensation for the failure of Cunard to meet their guests' legitimate expectations."