Kamal XXVI, The Owners and/or Demise Charterers of the Ship and Barge v The Owners of the Ship Ariela
ARIELA was at fault for commencing her turn too late and/or failing to apply sufficient helm, resulting in collision; KAMAL XXVI was properly positioned and not at fault, as the barge's position and lack of lighting were not causative.
- 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, Liability for Maritime Accidents, Navigation Rules, Evidence Assessment
Case Brief
Summary, issues, holding and outcome
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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 Location of dredger at time of collision
- 2 Timing and degree of helm orders by ARIELA
- 3 Position of port anchor buoys
Ratio Decidendi
ARIELA was at fault for commencing her turn too late and/or failing to apply sufficient helm, resulting in collision; KAMAL XXVI was properly positioned and not at fault, as the barge's position and lack of lighting were not causative.
Court Disposition
Judgment for the Claimants
Orders
- Defendants liable for collision damage to KAMAL XXVI and KAMAL XXIV
- Claimants entitled to recover damages and costs
Full Case Text
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