Miom 1 Ltd & Anor v Sea Echo ENE

Miom 1 Ltd & Anor v Sea Echo ENE

Both vessels were seriously culpable and their faults were of equal causative potency; liability for the collision is apportioned equally.

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
Outcome
Liability for the collision apportioned equally between SEA EXPRESS 1 and ALASKA RAINBOW.
Legal Topics
Collision Liability, Bridge Management, Radar Lookout, Apportionment of Fault

Case Brief

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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

  1. 1 Apportionment of liability for collision between SEA EXPRESS 1 and ALASKA RAINBOW
  2. 2 Faults in navigation and lookout by both vessels
  3. 3 Bridge management failures

Ratio Decidendi

Both vessels were seriously culpable and their faults were of equal causative potency; liability for the collision is apportioned equally.

Court Disposition

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

Orders

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