Monford Management Ltd (Owners of the KIVELI) v Afina Navigation Ltd (Owners of the AFINA I) [2025] EWHC 1185 (Admlty) (16 May 2025)

Monford Management Ltd (Owners of the KIVELI) v Afina Navigation Ltd (Owners of the AFINA I) [2025] EWHC 1185 (Admlty) (16 May 2025)

KIVELI's Chief Officer failed to keep a proper look-out and did not take early and substantial action to avoid a close-quarters situation, in breach of Rules 5, 7, and 8 COLREGs. His late and improper alteration to port was the immediate cause of the collision, in breach of Rules 2, 8, and 14/15 as applicable. AFINA I's navigation was not causative of the collision. The vessels were at all material times on reciprocal or nearly reciprocal courses so as to involve a risk of collision for Rule 14, or at least there was doubt, and KIVELI was required to turn to starboard but failed to do so. KIVELI is held 100% liable for the collision.

Citation
[2025] EWHC 1185 (Admlty)
Parties
Claimant (ad 2023 000012), Defendant (ad 2023 000023): Monford Management Limited (The Owners of the KIVELI); Defendant (ad 2023 000012), Claimant (ad 2023 000023): Afina Navigation Limited (The Owners of the AFINA I)
Jurisdiction
England and Wales
Judgment Date
16 May 2025
Procedural Posture
Collision Liability Action (admiralty) / Judgment on Liability After Consolidated Trial
Outcome
Judgment for AFINA Navigation Limited (Owners of AFINA I) on liability. KIVELI (Monford Management Limited) held 100% liable for the collision.
Legal Topics
Collision at Sea, International Regulations for Preventing Collisions at Sea (colregs), Liability Apportionment, Look Out and Navigation Duties, Bridge Discipline, Sound and Light Signals
Admiralty Maritime Law Collision at Sea International Regulations for Preventing Collisions at Sea (colregs) Liability Apportionment Look Out and Navigation Duties Bridge Discipline Sound and Light Signals

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Parties

Monford Management Limited (The Owners of the KIVELI)

Claimant (ad 2023 000012), Defendant (ad 2023 000023)

Afina Navigation Limited (The Owners of the AFINA I)

Defendant (ad 2023 000012), Claimant (ad 2023 000023)

Procedural Posture

Collision Liability Action (admiralty) / Judgment on Liability After Consolidated Trial

Legal Issues

  1. 1 Whether the vessels were on reciprocal or nearly reciprocal courses so as to involve a risk of collision for Rule 14 COLREGs
  2. 2 Whether the vessels were crossing so as to involve a risk of collision under Rule 15 COLREGs
  3. 3 Whether each vessel complied with duties under Rules 2, 5, 7, 8, 14, 15, 16, and 17 of the COLREGs

Ratio Decidendi

KIVELI's Chief Officer failed to keep a proper look-out and did not take early and substantial action to avoid a close-quarters situation, in breach of Rules 5, 7, and 8 COLREGs. His late and improper alteration to port was the immediate cause of the collision, in breach of Rules 2, 8, and 14/15 as applicable. AFINA I's navigation was not causative of the collision. The vessels were at all material times on reciprocal or nearly reciprocal courses so as to involve a risk of collision for Rule 14, or at least there was doubt, and KIVELI was required to turn to starboard but failed to do so. KIVELI is held 100% liable for the collision.

Court Disposition

Judgment for AFINA Navigation Limited (Owners of AFINA I) on liability. KIVELI (Monford Management Limited) held 100% liable for the collision.

Orders

  • KIVELI (Monford Management Limited) to bear full liability for the collision and resulting damages.
  • Costs and quantum to be determined in subsequent proceedings if not agreed.