Heather Maid, The Owner of v Urter, The Owner of [2005] EWHC B7 (Admlty) (10 June 2005)

Heather Maid, The Owner of v Urter, The Owner of [2005] EWHC B7 (Admlty) (10 June 2005)

The court found on the balance of probabilities that the Heather Maid did collide with the Urter's seaward mooring, running over the yellow buoy and buddy buoy, and that the damage to the Heather Maid's stern gear was caused by the propeller fouling the anchor wire attached to the yellow buoy. The court held that the light on the yellow buoy was functional and visible, and that the primary cause of the collision was the Heather Maid's failure to maintain a proper lookout and radio watch. The Urter was not at fault in the marking or lighting of the mooring.

Citation
[2005] EWHC B7 (Admlty)
Parties
Claimant: The Owner of the Fishing Vessel 'Heather Maid'; Defendants: The Owners of the Motor Vessel 'Urter'
Jurisdiction
England and Wales
Judgment Date
10 June 2005
Procedural Posture
Admiralty Action in Rem / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Collision at Sea, Negligence, Liability for Damage, International Regulations for Prevention of Collisions at Sea 1972, Mooring Hazards, Damages Assessment
Admiralty Maritime Law Tort Collision at Sea Negligence Liability for Damage International Regulations for Prevention of Collisions at Sea 1972 Mooring Hazards +1 more

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Parties

The Owner of the Fishing Vessel 'Heather Maid'

Claimant

The Owners of the Motor Vessel 'Urter'

Defendants

Procedural Posture

Admiralty Action in Rem / Judgment After Trial

Legal Issues

  1. 1 Whether the Heather Maid collided with the Urter's mooring and if so, whether the collision caused the damage to the Heather Maid's stern gear
  2. 2 Whether the Urter's mooring was properly marked and lit
  3. 3 Whether the parties complied with the International Regulations for Prevention of Collisions at Sea 1972

Ratio Decidendi

The court found on the balance of probabilities that the Heather Maid did collide with the Urter's seaward mooring, running over the yellow buoy and buddy buoy, and that the damage to the Heather Maid's stern gear was caused by the propeller fouling the anchor wire attached to the yellow buoy. The court held that the light on the yellow buoy was functional and visible, and that the primary cause of the collision was the Heather Maid's failure to maintain a proper lookout and radio watch. The Urter was not at fault in the marking or lighting of the mooring.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed. The claimant is not entitled to damages.