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

• Published date: 08 June 2022
• Subject Matter: Litigation, Mediation & Arbitration, Transport, Marine/ Shipping, Trials & Appeals & Compensation
• 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 port turn to proceed back towards the westbound lane of the TSS. WILFORCE was proceeding eastbound at a speed of about 15 knots.

Before addressing the Judge's approach to the application of the crossing rules, there are two aspects of the Judgment which should be noted.

First, the Judge considered that the navigation of the vessels before about C-10 were not causatively relevant since, prior to C-10, there was no risk of collision, even though some aspects of the navigation of WESTERN MOSCOW were at best questionable. If WESTERN MOSCOW had continued her north or north-westerly course at C-7 the vessels would have passed safely. The navigation of the vessels prior to about C-10 were thus part of the historical context for the collision rather than an effective...