Kamal XXVI, The Owners and/or Demise Charterers of the Ship and Barge v The Owners of the Ship Ariela [2007] EWHC 2434 (Comm) (23 October 2007)

Kamal XXVI, The Owners and/or Demise Charterers of the Ship and Barge v The Owners of the Ship Ariela [2007] EWHC 2434 (Comm) (23 October 2007)

ARIELA was at fault for commencing her turn too late and/or failing to apply sufficient helm, resulting in collision with the barge. KAMAL XXVI and KAMAL XXIV were properly positioned and not at fault; the absence of lighting on the barge was not causative. Judgment for the claimants.

Citation
[2007] EWHC 2434 (Comm)
Parties
Claimants: The Owners and/or Demise Charterers of the Ship 'KAMAL XXVI' and Barge 'KAMAL XXIV'; Defendants: The Owners of the Ship 'ARIELA'
Jurisdiction
England and Wales
Judgment Date
23 October 2007
Procedural Posture
Admiralty Collision Claim / Judgment After Trial
Outcome
Judgment for the claimants
Legal Topics
Collision at Sea, Vessel Navigation, Liability for Maritime Accidents, Evidence Assessment
Admiralty Maritime Law Collision at Sea Vessel Navigation Liability for Maritime Accidents Evidence Assessment

Case Brief

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Parties

The Owners and/or Demise Charterers of the Ship 'KAMAL XXVI' and Barge 'KAMAL XXIV'

Claimants

The Owners of the Ship 'ARIELA'

Defendants

Procedural Posture

Admiralty Collision Claim / Judgment After Trial

Legal Issues

  1. 1 What was the position of the dredger KAMAL XXVI at the time of collision?
  2. 2 Was the barge KAMAL XXIV properly lit?
  3. 3 Did ARIELA navigate with proper care and skill?

Ratio Decidendi

ARIELA was at fault for commencing her turn too late and/or failing to apply sufficient helm, resulting in collision with the barge. KAMAL XXVI and KAMAL XXIV were properly positioned and not at fault; the absence of lighting on the barge was not causative. Judgment for the claimants.

Court Disposition

Judgment for the claimants

Orders

  • Defendants held liable for the collision
  • Claimants entitled to damages (quantum to be assessed)