Samco Europe, The Owners or Charterers of the Ship v MSC Prestige, The Owners or Charterers of the Ship [2011] EWHC 1580 (Admlty) (23 June 2011)

Samco Europe, The Owners or Charterers of the Ship v MSC Prestige, The Owners or Charterers of the Ship [2011] EWHC 1580 (Admlty) (23 June 2011)

Both vessels were at fault for the collision: MSC PRESTIGE failed to take early and substantial action to keep clear and failed to keep a proper lookout; SAMCO EUROPE wrongly altered course to port and failed to keep a good visual lookout. MSC PRESTIGE's fault was greater in causative potency and blameworthiness. Liability is apportioned 60% to MSC PRESTIGE and 40% to SAMCO EUROPE.

Citation
[2011] EWHC 1580 (Admlty)
Parties
Claimants: THE OWNERS AND/OR BAREBOAT CHARTERERS AND/OR SUB BAREBOAT CHARTERERS OF THE SHIP SAMCO EUROPE; Defendants: THE OWNERS OF THE SHIP MSC PRESTIGE
Jurisdiction
England and Wales
Judgment Date
23 June 2011
Procedural Posture
Admiralty Collision Claim / Judgment After Trial
Outcome
Liability apportioned: MSC PRESTIGE 60%, SAMCO EUROPE 40%.
Legal Topics
Collision Regulations, Apportionment of Liability, Lookout Duties, Sound and Light Signals, Use of VHF Radio, Causative Potency, Blameworthiness
Admiralty Maritime Law Collision Regulations Apportionment of Liability Lookout Duties Sound and Light Signals Use of VHF Radio Causative Potency +1 more

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Parties

THE OWNERS AND/OR BAREBOAT CHARTERERS AND/OR SUB BAREBOAT CHARTERERS OF THE SHIP SAMCO EUROPE

Claimants

THE OWNERS OF THE SHIP MSC PRESTIGE

Defendants

Procedural Posture

Admiralty Collision Claim / Judgment After Trial

Legal Issues

  1. 1 Whether MSC PRESTIGE and SAMCO EUROPE were at fault for the collision
  2. 2 Whether each vessel complied with the Collision Regulations
  3. 3 How liability should be apportioned between the vessels

Ratio Decidendi

Both vessels were at fault for the collision: MSC PRESTIGE failed to take early and substantial action to keep clear and failed to keep a proper lookout; SAMCO EUROPE wrongly altered course to port and failed to keep a good visual lookout. MSC PRESTIGE's fault was greater in causative potency and blameworthiness. Liability is apportioned 60% to MSC PRESTIGE and 40% to SAMCO EUROPE.

Court Disposition

Liability apportioned: MSC PRESTIGE 60%, SAMCO EUROPE 40%.

Orders

  • MSC PRESTIGE to bear 60% of the liability for the collision.
  • SAMCO EUROPE to bear 40% of the liability for the collision.