Offshore Nautical (CI) Ltd. v Quality Time Training Ltd. & Ors [2006] EWHC 347 (Comm) (08 March 2006)

Offshore Nautical (CI) Ltd. v Quality Time Training Ltd. & Ors [2006] EWHC 347 (Comm) (08 March 2006)

Mr Bailey was negligent in failing to keep a proper lookout and colliding with a stationary, well-lit buoy, but Mr Elliott as captain bore 15% contributory fault for failing to provide adequate pre-voyage briefing and preparation.

Citation
[2006] EWHC 347 (Comm)
Parties
Claimant: Offshore Nautical (CI) Limited; Defendant: Quality Time Training Limited; Defendant: Robert Elliott; Defendant: Michael Bailey
Jurisdiction
England and Wales
Judgment Date
08 March 2006
Procedural Posture
Commercial Court Claim for Damages (negligence) / Judgment After Trial
Outcome
Claim allowed; judgment for claimant with apportionment of liability between defendants.
Legal Topics
Negligence, Apportionment of Liability, Marine Accidents, Duty of Care
Tort Law Maritime Law Negligence Apportionment of Liability Marine Accidents Duty of Care

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Parties

Offshore Nautical (CI) Limited

Claimant

Quality Time Training Limited

Defendant

Robert Elliott

Defendant

Michael Bailey

Defendant

Procedural Posture

Commercial Court Claim for Damages (negligence) / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Bailey was negligent in steering the vessel into the buoy
  2. 2 Apportionment of blame between Mr Bailey and Mr Elliott

Ratio Decidendi

Mr Bailey was negligent in failing to keep a proper lookout and colliding with a stationary, well-lit buoy, but Mr Elliott as captain bore 15% contributory fault for failing to provide adequate pre-voyage briefing and preparation.

Court Disposition

Claim allowed; judgment for claimant with apportionment of liability between defendants.

Orders

  • Claimant entitled to damages of £223,105.64 against Mr Bailey and Mr Elliott, apportioned 85% to Mr Bailey and 15% to Mr Elliott.
  • Claimant entitled to costs against the second defendant, who may claim a proportionate part from Mr Elliott.