The Owners of “The Mineral Dampier” v The Owners of “The Hanjin Madras” - Court of Appeal (Lord Phillips MR, Schiemann and Clarke LJJ) - 31 July 2001

Collision action - Challenge to Judge’s apportionment of liability - Whether both vessels were at fault in failing to avoid a close quarters situation developing - Effect of VHF agreement

On 22 June 1995 the bulk carriers Mineral Dampier and Hanjin Madras collided in the East China Sea. The Mineral Dampier sank and all 27 of her crew were lost. At collision the heading of the Hanjin Madras was 226 degrees true and the heading of the Mineral Dampier was 356 degrees true. During the 30 minute period before the collision the visibility was never less than 3 miles and the vessels came into sight of one another at that distance. It was common ground that until the vessels were 3 miles apart, although visibility was about 3 miles, they were navigating in restricted visibility within the meaning of rule 19 of the collision regulations.