MV Pacific Pearl Co Ltd v Quick Ship Holdings SA [2022] EWHC 2828 (Admlty) (11 November 2022)

MV Pacific Pearl Co Ltd v Quick Ship Holdings SA [2022] EWHC 2828 (Admlty) (11 November 2022)

All three ships—Alexander, Falcon, and Orpheus—were at fault for the collision. Alexander was inadequately moored and failed to strengthen mooring or warn of risk; Falcon navigated at unsafe speed and altered course too soon; Orpheus proceeded at unsafe speed, failed to react promptly, and did not run aground to avoid collision. Liability is apportioned among the three ships according to degree of fault. Repair or tow sufficient for Alexander to complete her voyage was not technically possible after the collision.

Citation
[2022] EWHC 2828 (Admlty)
Parties
Claimant: MV Pacific Pearl Co. Limited; Defendant: NYK Orpheus Corp; Defendant: Quick Ship Holding S. A.
Jurisdiction
England and Wales
Judgment Date
11 November 2022
Procedural Posture
Admiralty Collision/consolidated Claims / Post Trial Judgment on Liability and Quantum Issue
Outcome
Liability apportioned among Alexander, Falcon, and Orpheus; none blameless. Quantum issue determined: repair or tow for Alexander to complete voyage not technically possible.
Legal Topics
Collision Liability, Apportionment of Fault, Good Seamanship, Collision Regulations, Suez Canal Authority Rules, Contribution Between Ships
Admiralty Maritime Law Tort Collision Liability Apportionment of Fault Good Seamanship Collision Regulations Suez Canal Authority Rules +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

MV Pacific Pearl Co. Limited

Claimant

NYK Orpheus Corp

Defendant

Quick Ship Holding S. A.

Defendant

Procedural Posture

Admiralty Collision/consolidated Claims / Post Trial Judgment on Liability and Quantum Issue

Legal Issues

  1. 1 Which ships were at fault for the collision between Orpheus and Alexander on 16 July 2018?
  2. 2 What is the apportionment of liability among Alexander, Falcon, and Orpheus?
  3. 3 Was Alexander's mooring adequate?

Ratio Decidendi

All three ships—Alexander, Falcon, and Orpheus—were at fault for the collision. Alexander was inadequately moored and failed to strengthen mooring or warn of risk; Falcon navigated at unsafe speed and altered course too soon; Orpheus proceeded at unsafe speed, failed to react promptly, and did not run aground to avoid collision. Liability is apportioned among the three ships according to degree of fault. Repair or tow sufficient for Alexander to complete her voyage was not technically possible after the collision.

Court Disposition

Liability apportioned among Alexander, Falcon, and Orpheus; none blameless. Quantum issue determined: repair or tow for Alexander to complete voyage not technically possible.

Orders

  • Liability apportioned among Alexander, Falcon, and Orpheus as per degree of fault.
  • Quantum issue resolved: Alexander not entitled to damages for completion of voyage.