Court Of Appeal Decision In ‘Alexandra 1': It Takes Two To Cross

The Court of Appeal has today handed down its decision on appeal of the first collision case to be heard by that Court since 2004. The decision of the Admiralty Court in 'Alexandra 1' and 'Ever Smart' [2017] EWHC 453 had caused considerable interest given its findings concerning which of two rules in the Collison Regulations (Colregs), 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.

By a unanimous decision the Court of Appeal has upheld the finding of the Admiralty Judge that the narrow channel rule applied and the crossing rule did not apply. In dismissing each of the grounds of appeal raised on behalf of 'Ever Smart' interests, the Court of Appeal has confirmed the finding of the Admiralty Court that 'Ever Smart' should 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...