Admiralty Judgment Series #1 2024

Belpareil c/w Kiran Australia Denver Maritime Ltd v Belpareil AS (Andrew Baker J)

Collision at anchorage off Chattogram, Bangladesh – whether fault presumed against ship dragging anchor – whether presumption rebutted – causative fault and apportionment determined on trial of liability

The Belpareil and the Kiran Australia are materially identical, geared Supramax bulk carriers.? They came into collision at the end of a lengthy period of collision avoidance after Belpareil dragged her anchor and, unable to counter or control the dragging because of main engine difficulties, headed under the influence of the flood tide current towards Kiran Australia’s anchored position.? After a trial of liability, both ships were held at fault, but Belpareil’s fault was judged to be substantially the greater and responsibility was apportioned 70:30 against her under s.187 of the Merchant Shipping Act 1995:

• Belpareil was at fault because she dragged her anchor, the law presumes that ships do not drag without fault, and that presumption had not been rebutted: Marsden and Gault, 15th Ed., para.5-051, and cases there cited, considered, and the law clarified;
• Belpareil was at fault in failing to give prompt and clear warning to surrounding shipping, including Kiran Australia, that because of her main engine difficulties she was at real risk of being or becoming close to a dead ship at the mercy of the elements;
• Belpareil was at fault in failing to deploy a second anchor to arrest or control her dragging;
• both ships were at fault in the final few minutes prior to colliding in how they manoeuvred and failed to respond to the other’s manoeuvring; and
• all of those faults were effective contributory causes of the eventual collision (unlike Belpareil’s failure prompty to call for tug assistance, which was also negligent but which it had not been shown had any impact on events).

Full judgment [2024] EWHC 362 (Admlty) can be found on the National Archives | Source: UK Courts and Tribunals Judiciary?