Miom 1 Ltd & Anor v Sea Echo ENE [2010] EWHC 3180 (Admlty) (08 December 2010)

Miom 1 Ltd & Anor v Sea Echo ENE [2010] EWHC 3180 (Admlty) (08 December 2010)

Both SEA EXPRESS 1 and ALASKA RAINBOW were at fault: ALASKA RAINBOW for failing to return to anchorage, failing to monitor and warn inbound vessels, and not sounding fog signals; SEA EXPRESS 1 for defective lookout, increasing speed in fog, failing to monitor the echo, and not taking avoiding action. The faults of both vessels were of equal seriousness and causative potency. Liability is therefore apportioned equally between them.

Citation
[2010] EWHC 3180 (Admlty)
Parties
Claimant: MIOM 1 LIMITED; Claimant: THE ISLE OF MAN STEAM PACKET COMPANY LIMITED; Defendant: SEA ECHO E. N. E.
Jurisdiction
England and Wales
Judgment Date
08 December 2010
Procedural Posture
Admiralty Collision Liability Apportionment / Judgment After Trial
Outcome
Liability for the collision is apportioned equally between SEA EXPRESS 1 and ALASKA RAINBOW.
Legal Topics
Collision at Sea, Apportionment of Liability, Bridge Management, Lookout Duties, Sound Signals, Navigation in Restricted Visibility
Admiralty Maritime Law Collision at Sea Apportionment of Liability Bridge Management Lookout Duties Sound Signals Navigation in Restricted Visibility

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Parties

MIOM 1 LIMITED

Claimant

THE ISLE OF MAN STEAM PACKET COMPANY LIMITED

Claimant

SEA ECHO E. N. E.

Defendant

Procedural Posture

Admiralty Collision Liability Apportionment / Judgment After Trial

Legal Issues

  1. 1 What were the respective faults of SEA EXPRESS 1 and ALASKA RAINBOW in the collision?
  2. 2 How should liability for the collision be apportioned between the vessels?

Ratio Decidendi

Both SEA EXPRESS 1 and ALASKA RAINBOW were at fault: ALASKA RAINBOW for failing to return to anchorage, failing to monitor and warn inbound vessels, and not sounding fog signals; SEA EXPRESS 1 for defective lookout, increasing speed in fog, failing to monitor the echo, and not taking avoiding action. The faults of both vessels were of equal seriousness and causative potency. Liability is therefore apportioned equally between them.

Court Disposition

Liability for the collision is apportioned equally between SEA EXPRESS 1 and ALASKA RAINBOW.

Orders

  • Responsibility for the collision must be divided equally between the two vessels.