New blow for 'ruined-cruise' couple as appeal court halves damages

Terence and Cynthia Milner, from Harrogate in North Yorkshire, paid just over 59,000 to Cunard for the 15-week world cruise of the Queen Victoria.

But when the ship left Southampton in January 2008 and hit heavy seas in the Bay of Biscay, the metal floor of their cabin began to flex loudly.

From then on they were moved between cabins and the couple, who are in their late sixties, suffered illness and finally left the liner in Hawaii, returning home on the Queen Elizabeth II.

In May last year, the couple were awarded 22,000 compensation by a county court judge in Bradford but Cunard went to the Court of Appeal.

Cunard counsel Christopher Lundie claimed the pay-out – 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".

Lord Justice Ward yesterday said that the initial award was "excessive and disproportionate", and reduced the damages to 12,000.

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

Mrs Milner bought 21 formal gowns costing 4,300 but was unable to wear any of them and they had now become "an unwelcome reminder" of the trip.

Neither of the Milners were in court for the ruling, which Lord Justice Ward claimed was "an exceptional case".