The Garden City - Q.B.D. (Adm. Ct.) (Staughton J.) - 2 March 1982

Limitation action - “actual fault or privity”

The Garden City was totally lost as the result of a collision with the Zaglebie Dabrowskie in the North Sea on 19 March 1969. In an Admiralty action in rem by the owners of the Garden City (Atlantic Maritime Co.) against the owners of the Zaglebie Dabrowskie (Polsteam), the Garden City was found to be 40% to blame and the Zaglebie Dabrowskie 60% to blame. [1978] 1 Lloyd’s Rep. 564. The Master and Officer of the Watch of the Zaglebie Dabrowskie were at fault in that (a) the Master was absent from the bridge in conditions of restricted visibility, (b) the ship’s speed was too fast in the visibility conditions prevailing, and (c) the ship’s radar was set on an incorrect range scale.