Admiralty Court Ruling On The Application Of The ‘Narrow Channel Rule' And The ‘Crossing Rule'

In a decision handed down today, the Admiralty Court has agreed with 'Alexandra 1' interests on the application of rule 9 of the Collision Regulations (Colregs) - the narrow channel rule. In 'Alexandra 1' and 'Ever Smart' [2017] EWHC 453 (Admlty) the Court considered which of two rules, the narrow channel rule (rule 9) or the crossing rule (rule 15), applied in circumstances where one vessel was exiting a narrow channel and the other vessel was navigating towards that channel in preparation for entering it. Both rules presenting different requirements, their simultaneous application would be unsafe and the Admiralty Judge has confirmed that on the facts of this case, the narrow channel rule applied and the crossing rule did not apply. In the circumstances 'Ever Smart' was ordered to bear 80% of the liability for the collision. 'Alexandra 1' Interests were represented by Clyde & Co ( Irvine Marr, Partner, David Owens, Senior Associate, Martyn Haines, Master Mariner).

Facts

On 11 February 2015, a collision occurred between the laden VLCC 'Alexandra 1' owned by Nautical Challenge Ltd, and a laden container vessel, 'Ever Smart', owned by Evergreen Marine (UK) Ltd, just outside the dredged entrance and exit channel to the port of Jebel Ali in the UAE. 'Ever Smart' had been in the process of departing the port via the channel and shortly prior to the collision had disembarked the Pilot and was about to exit the channel. 'Alexandra 1' had been waiting to enter the port at anchorage when she was instructed by Port Control to wait "at buoy no.1" where the pilot (the same pilot due to disembark from 'Ever Smart') would board for inbound passage through the entrance channel. As 'Ever Smart' exited the channel her Master called to increase the engines to full sea speed so that at the time of the collision, just outside the channel, she had a speed over the ground of 12.4 knots. 'Alexandra 1' had her engines at slow ahead while awaiting the pilot in the vicinity of buoy no.1. The port bow of 'Ever Smart' struck the starboard bow of 'Alexandra 1' at an angle of about 40 degrees leading aft on 'Ever Smart'.

Application of the Narrow Channel Rule and the Crossing Rule

The parties were able to agree largely on the navigational facts, but a more substantial dispute remained regarding liability, and more particularly the relevance and applicability of the narrow channel rule and the crossing rule under rules 9 and 15 of the Colregs in this situation.

Rule 9...