"WILFORCE" Collision With "WESTERN MOSCOW": The Application Of The Crossing Rules Re-Considered (Again)

• Published date: 08 June 2022
• Law Firm: Quadrant Chambers
• Author: Nigel Jacobs and Andrew Carruth

OVERVIEW

Since last year's historic Supreme Court decision in Evergreen Marine (UK) Ltd. v. Nautical Challenge Ltd. [2021] UKSC 6, the Admiralty Court has now considered the scope and application of rules 15 - 17 of the International Collision Regulations ("the crossing rules") on two occasions: in the re-apportionment trial in Nautical Challenge Ltd. v. Evergreen Marine (UK) Ltd. (No.2) [2022] EWHC 206 and now in The "Wilforce" [2022] EWHC 1190.

On 31 May 2019 a collision occurred in a busy Precautionary Area of the Singapore Strait Traffic Separation Scheme between the LNG WILFORCE and the bulk carrier WESTERN MOSCOW. Navigation in the Precautionary Area was also governed by (Singaporean) local rules. The Judge noted that this was the first occasion when the Admiralty Court had considered responsibility for a collision in a Precautionary Area.

The notion of a Precautionary Area was created by the IMO and subsequently introduced into the TSS in the Singapore Straits. By Port Marine Circular No.4 (2013) the Maritime and Port Authority of Singapore promulgated the measures which should be taken by vessels crossing the TSS and Precautionary Area (which replicated the IMO Recommendations in SN.1/Circ. 317 (4/12/2012)).

As is now the case with most collisions, both vessels had Voyage Data Recorders and a reconstruction was agreed in advance of the trial. For ease of reference the (agreed) Long and Short Range Plots are attached to this Article.

WESTERN MOSCOW had been intending to proceed westbound in the TSS but considered that she was constrained by the presence of the southbound tug and tow ("Profit Venture"). Accordingly she entered the Precautionary Area and proceeded southbound before executing a...