A failed Arctic cruise agreed in uncertain conditions (Sherman v Reader Offers Ltd)

20th June 2024

3PB's commercial and property barrister Alexander Whatley (pictured here) analyses Sherman v Reader Offers Limited [2024] EWCA Civ 412, a breach of contract claim brought by a couple whose Arctic cruise was disrupted by the weather.

In this article, published behind a paywall for LexisNexis account holders, Alex Whatley analyses the unsuccessful appeal by the defendant travel company. The parties' primary dispute turned on when the contract was concluded and therefore which terms were incorporated. The Court of Appeal found that the claimants were correct on the date of formation and incorporation remitting the case to the County Court for quantum assessment.

LexisNexis account holders can read the full assessment of Alex's here, including Alex's analysis of the practical implications of this case and the court's decision around when the contract was formed, whether a significant proportion of services were not provided and if this was unforeseeable.

You can contact Alexander Whatley on [email protected]. To instruct him, or see about his availability, please contact his clerk David Fielder on [email protected] or by calling him on 020 7583 8055.