THE OWNERS OF THE VESSEL SAKIZAYA KALON V THE OWNERS OF THE VESSEL PANAMAX ALEXANDER; THE OWNERS OF THE VESSEL OSIOS DAVID V THE OWNERS OF THE VESSEL PANAMAX ALEXANDER; THE OWNERS OF THE VESSEL OSIOS DAVID V THE OWNERS OF THE VESSEL SAKIZAYA KALON

[2020] EWHC 2604 (Admlty), Queen’s Bench Division, Admiralty Court, Mr Justice Teare, sitting with Captain Nigel Hope and Commodore William Walworth, Elder Brethren of Trinity House, as Nautical Assessors, 5 October 2020

Collision – Liability – Apportionment – Serious navigational fault – Lookout – Safe speed – Risk of collision – Action to avoid collision – Good seamanship – COLREGS

This was a collision in the Suez Canal on 15 July 2018. The three vessels were travelling southbound in a convoy through the Suez Canal when, following the engine failure and anchoring of the vessel at the head of the convoy, it was necessary for vessels astern of her to moor. Panamax Alexander struck Sakizaya Kalon in front which in turn struck Osios David and the three vessels ended up forming a triangle. The case of Osios David and Sakizaya Kalon was that the collisions were caused by Panamax Alexander’s failure to moor before passing KM 149. The case of Panamax Alexander was that the collisions were caused by the failure of Osios David to inform Panamax Alexander that she was about to moor north of KM 152 on the west bank and by Sakizaya Kalon’s decision to moor on the east bank, just astern of Osios David, thereby blocking the path of Panamax Alexander. Rule 7(a) of the Collision Regulations (COLREGS) provided: “Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist”.