PASSENGERS who were injured aboard the cruise ship on which Colchester man James Swinstead died are set to launch legal action.

Mr Swinstead, 85, of Eight Ash Green, died when a wave crashed through a window of the Marco Polo.

He had been on a cruise to the Amazon with his wife Helen.

Several other passengers were injured during the vessel’s battle in high seas on its way to its home port of Tilbury, on February 14.

Clive Garner, head of law firm Irwin Mitchell's travel litigation team, is leading the investigation.

He said: "We have spoken to a number of concerned passengers who were injured while returning to England on board the Marco Polo.

"We are beginning an investigation into the incident to determine whether more should have been done to protect passengers and prevent them from being injured.”

A spokesman for Cruise and Maritime Voyages, which owns the liner, would not comment due to ongoing investigations.