Strive Shipping Corp and Anr v Hellenic Mutual War Risks Association (Bermuda) Ltd (The "Grecia Express") - QBD (Com Ct)(Colman J) - 25 March 2002

Marine insurance - Car ferry lost whilst moored alongside as a result of deliberate cutting of mooring ropes and opening of seawater valves - Claim on war risk underwriters on basis that vessel was sunk "maliciously" - Whether vessel scuttled - Whether material non disclosure by reason of failure to disclose previous sinkings of vessels connected to controlling director of assured

During the night of 4/5 March 1994 the car ferry Grecia Express was moored for the winter closed season at Aegion, on the Gulf of Corinth, when someone cut the vessel's mooring ropes. Someone also opened one of the four seawater drencher valves located in the auxiliary engine room. As a consequence of those two acts the vessel, being still restrained by her anchors, drifted round in an arc. Water entered the auxiliary engine room caused her to develop a trim by the stern in consequence of which her stern vehicle ramp (which had been left open whilst moored) sank below the surface thereby admitting the sea to the garage deck. The vessel capsized and sank in shallow water 150 metres off shore. The shipowners said that the watchman on duty had not been on board the vessel during the night but, in dereliction of his duty, had spent the night with a woman friend.