Krysia Maritime Inc v Intership Ltd [2008] EWHC 1523 (Admlty) (1 July 2008)

Krysia Maritime Inc v Intership Ltd [2008] EWHC 1523 (Admlty) (1 July 2008)

The primary cause of the fouling was the presence of a loose pick-up rope in the water, or alternatively, excessively slack securing arrangements for the Yokohama fender, both amounting to negligence by the defendants. The master of KRYSIA was also at fault for allowing his vessel to get into a hazardous position, but the defendants' fault was more culpable and causative. Liability is apportioned 70% to the defendants and 30% to the claimants.

Citation
[2008] EWHC 1523 (Admlty)
Parties
Claimant: KRYSIA MARITIME INC; Defendant: INTERSHIP LTD
Jurisdiction
England and Wales
Judgment Date
01 July 2008
Procedural Posture
Admiralty Action for Damages (propeller Fouling Incident) / Judgment After Trial on Liability and Points of Principle on Damages
Outcome
Claimants succeed on liability, but only to the extent of 70% of their proved loss and damage; 30% reduction for contributory fault.
Legal Topics
Negligence, Apportionment of Liability, Seamanship Standards, Ship Management, Collision Regulations
Admiralty Maritime Law Tort Negligence Apportionment of Liability Seamanship Standards Ship Management Collision Regulations

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Parties

KRYSIA MARITIME INC

Claimant

INTERSHIP LTD

Defendant

Procedural Posture

Admiralty Action for Damages (propeller Fouling Incident) / Judgment After Trial on Liability and Points of Principle on Damages

Legal Issues

  1. 1 What caused the fouling of the KRYSIA's port outer propeller?
  2. 2 Was the pick-up rope loose in the water or properly secured?
  3. 3 Were the securing arrangements for the Yokohama fender contrary to good seamanship?

Ratio Decidendi

The primary cause of the fouling was the presence of a loose pick-up rope in the water, or alternatively, excessively slack securing arrangements for the Yokohama fender, both amounting to negligence by the defendants. The master of KRYSIA was also at fault for allowing his vessel to get into a hazardous position, but the defendants' fault was more culpable and causative. Liability is apportioned 70% to the defendants and 30% to the claimants.

Court Disposition

Claimants succeed on liability, but only to the extent of 70% of their proved loss and damage; 30% reduction for contributory fault.

Orders

  • Defendants liable for 70% of claimants' proved loss and damage; claimants' recovery reduced by 30% for their own fault.