Another Crossing Rule Case

• Published date: 11 September 2023
• Subject Matter: Litigation, Mediation & Arbitration, Transport, Marine/ Shipping, Trials & Appeals & Compensation
• Law Firm: Quadrant Chambers
• Author: Nigel Jacobs

FMG Hong Kong Shipping Ltd, the Demise Charterers of FMG SYDNEY v Owners of the MSC APOLLO [2023] EWHC 328 (Admlty)

At 2232:15 on 29 August 2020 SYDNEY, a very large ore carrier, collided with APOLLO, a container ship, in the approaches to Tianjin, Northern China. Sir Nigel Teare held that APOLLO was 100% to blame for the collision. The Court of Appeal granted permission to appeal on a discrete point in relation to the application of the Head-on Rule (Rule 14). The Judge, on the other hand, decided that the Crossing Rule applied (Rules 15-17) and rejected the application of Rule 14. The Court of Appeal dismissed the more general application for permission to appeal against the Judge's findings and the apportionment itself.

Fault

The Judge held that APOLLO was solely to blame for the collision. In particular, from C-12 the Crossing Rules applied. APOLLO was the give-way...