Offshore Nautical (CI) Ltd. v Quality Time Training Ltd. & Ors

Offshore Nautical (CI) Ltd. v Quality Time Training Ltd. & Ors

Mr Bailey was negligent in failing to keep a proper look-out and driving the vessel into a buoy, but Mr Elliott was also at fault for failing to properly brief Mr Bailey before the voyage. Liability is apportioned: Mr Bailey bears 85% and Mr Elliott 15%.

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
Civil / Judgment
Outcome
Judgment for the claimant with apportionment of liability between defendants.
Legal Topics
Negligence, Apportionment of Liability, Marine Accident, Duty of Care
Tort Maritime Law Negligence Apportionment of Liability Marine Accident Duty of Care

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Offshore Nautical (CI) Limited

Claimant

Quality Time Training Limited

Defendant

Robert Elliott

Defendant

Michael Bailey

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Was Mr Bailey negligent in steering the motor vessel into the buoy?
  2. 2 What is the proportion of blame between Mr Bailey and Mr Elliott?

Ratio Decidendi

Mr Bailey was negligent in failing to keep a proper look-out and driving the vessel into a buoy, but Mr Elliott was also at fault for failing to properly brief Mr Bailey before the voyage. Liability is apportioned: Mr Bailey bears 85% and Mr Elliott 15%.

Court Disposition

Judgment for the claimant with apportionment of liability between defendants.

Orders

  • Claimants are entitled to their costs of the action against the second defendant.
  • Second defendant is entitled to claim a proportionate part of costs against Mr Elliott, in accordance with this judgment.