MV Pacific Pearl Co Limited v NYK Orpheus Corp & Anor

MV Pacific Pearl Co Limited v NYK Orpheus Corp & Anor

All three ships—Alexander, Orpheus, and Falcon—were at fault and their respective negligence contributed to the collision. Alexander was inadequately moored and failed to use tugs or raise an alarm; Orpheus approached at excessive speed, failed to keep a proper lookout, and responded inadequately; Falcon navigated past Alexander at excessive speed, generating forces that caused Alexander to break free. Apportionment of liability is 5:5:2 (Alexander:Orpheus:Falcon). Alexander was physically capable of completing her laden voyage after repairs afloat or under tow, but for the collision with Orpheus.

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 / Judgment After Trial of Liability and Quantum Issue
Outcome
Judgment for damages to be assessed in all three claims; liability apportioned 5:5:2 (Alexander:Orpheus:Falcon); Alexander and Orpheus may set off damages; Falcon liable to Alexander for 1/6 of her damages.
Legal Topics
Collision Liability, Apportionment of Blame, Good Seamanship, Mooring Standards, Navigation in Confined Waters, Suez Canal Regulations, Pilot Responsibility, Emergency Response, Quantum of Damages
Admiralty Maritime Law Tort Collision Liability Apportionment of Blame Good Seamanship Mooring Standards Navigation in Confined Waters +4 more

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Parties

MV Pacific Pearl Co. Limited

Claimant

NYK Orpheus Corp

Defendant

Quick Ship Holding S.A.

Defendant

Procedural Posture

Admiralty Collision/consolidated Claims / Judgment After Trial of Liability and Quantum Issue

Legal Issues

  1. 1 Which ships were at fault for the collision in the Suez Canal on 16 July 2018?
  2. 2 What is the proper apportionment of liability among Alexander, Orpheus, and Falcon?
  3. 3 Was Alexander physically capable of completing her laden voyage but for the collision with Orpheus?

Ratio Decidendi

All three ships—Alexander, Orpheus, and Falcon—were at fault and their respective negligence contributed to the collision. Alexander was inadequately moored and failed to use tugs or raise an alarm; Orpheus approached at excessive speed, failed to keep a proper lookout, and responded inadequately; Falcon navigated past Alexander at excessive speed, generating forces that caused Alexander to break free. Apportionment of liability is 5:5:2 (Alexander:Orpheus:Falcon). Alexander was physically capable of completing her laden voyage after repairs afloat or under tow, but for the collision with Orpheus.

Court Disposition

Judgment for damages to be assessed in all three claims; liability apportioned 5:5:2 (Alexander:Orpheus:Falcon); Alexander and Orpheus may set off damages; Falcon liable to Alexander for 1/6 of her damages.

Orders

  • Judgment for damages to be assessed in all three claims.
  • Orpheus to pay Alexander 5/12 of Alexander’s damages.