Monford Management Limited (The Owners of the KIVELI) v Afina Navigation Limited (The Owners of the AFINA I) (Consequentials Judgment)

Monford Management Limited (The Owners of the KIVELI) v Afina Navigation Limited (The Owners of the AFINA I) (Consequentials Judgment)

KIVELI's application for permission to appeal is refused because none of its grounds have a real prospect of success; the judge's findings of fact and apportionment of liability were open to him on the evidence, and there is no compelling reason for an appeal to be heard.

Parties
Claimant: Monford Management Limited; Defendant: Afina Navigation Limited
Jurisdiction
England and Wales
Judgment Date
16 May 2025
Procedural Posture
Collision Action / Application for Permission to Appeal After Judgment and Consequential Orders
Outcome
Application for permission to appeal refused.
Legal Topics
Collision Regulations, Apportionment of Liability, Permission to Appeal, Rules 14 and 15, Head on and Crossing Situations
Admiralty Maritime Law Collision Regulations Apportionment of Liability Permission to Appeal Rules 14 and 15 Head on and Crossing Situations

Case Brief

Summary, issues, holding and outcome

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Parties

Monford Management Limited

Claimant

Afina Navigation Limited

Defendant

Procedural Posture

Collision Action / Application for Permission to Appeal After Judgment and Consequential Orders

Legal Issues

  1. 1 Whether the judge erred in finding a head-on situation at C-22 under Rule 14
  2. 2 Whether the head-on situation persisted until collision
  3. 3 Whether a crossing situation existed and AFINA I was the give-way vessel

Ratio Decidendi

KIVELI's application for permission to appeal is refused because none of its grounds have a real prospect of success; the judge's findings of fact and apportionment of liability were open to him on the evidence, and there is no compelling reason for an appeal to be heard.

Court Disposition

Application for permission to appeal refused.

Orders

  • Draft order addressing consequential matters including costs and payment on account by KIVELI approved.