Nautical Challenge Ltd v Evergreen Marine (UK) Ltd

Nautical Challenge Ltd v Evergreen Marine (UK) Ltd

The crossing rule did not apply; EVER SMART breached the narrow channel rule and failed to keep proper lookout, proceeding at unsafe speed. ALEXANDRA 1 failed to keep a good aural lookout, leading to improper navigation. EVER SMART's faults were much more culpable and causative. Liability apportioned 80% to EVER SMART, 20% to ALEXANDRA 1.

Parties
Claimant: Nautical Challenge Ltd; Defendant: Evergreen Marine (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
13 March 2017
Procedural Posture
Admiralty Collision Claim / Judgment After Trial
Outcome
Liability apportioned
Legal Topics
Collision Regulations, Apportionment of Liability, Narrow Channel Rule, Crossing Rule, Lookout Duties, Safe Speed, Pilotage, AIS Requirements
Maritime Law Admiralty Law Collision Regulations Apportionment of Liability Narrow Channel Rule Crossing Rule Lookout Duties Safe Speed +2 more

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Parties

Nautical Challenge Ltd

Claimant

Evergreen Marine (UK) Ltd

Defendant

Procedural Posture

Admiralty Collision Claim / Judgment After Trial

Legal Issues

  1. 1 Applicability of crossing rule (Rule 15) in vicinity of narrow channel
  2. 2 Breach of narrow channel rule (Rule 9)
  3. 3 Failure to keep proper lookout (Rules 5 and 7)

Ratio Decidendi

The crossing rule did not apply; EVER SMART breached the narrow channel rule and failed to keep proper lookout, proceeding at unsafe speed. ALEXANDRA 1 failed to keep a good aural lookout, leading to improper navigation. EVER SMART's faults were much more culpable and causative. Liability apportioned 80% to EVER SMART, 20% to ALEXANDRA 1.

Court Disposition

Liability apportioned

Orders

  • EVER SMART to bear 80% of liability for the collision
  • ALEXANDRA 1 to bear 20% of liability for the collision