The Owners of the Ship "Borvigilant" v The Owners of the Ship "Romina G" - Court of Appeal (Peter Gibson, Clarke & Dyson LJJ) - 8 July 2003

Agency - Tanker colliding with berthing tug during operations at Kharg Island - Tanker master had been required by terminal operator to sign tug requisition form containing exemption clauses and indemnities - Berthing tug not owned by terminal operator - Whether tugowner entitled to benefit of exemption and indemnity clauses

The vessel Romina G, owned by Monsoon Shipping Ltd ("Monsoon"), arrived at Kharg Island to load a cargo of crude oil at the National Iranian Oil Company ("NIOC") terminal. NIOC owned its own tugs, but it also chartered in berthing tugs through its subsidiary, National Iranian Tanker Company ("NITC"). One such tug was the Borvigilant, owned by Borkan General Trading ("Borkan"). The master of Romina G was required to sign a tug requisition form prior to berthing operations. During the course of berthing on 22 July 1998 Borvigilant collided with Romina G. Monsoon contended that the collision was caused by unseaworthiness on the part of Borvigilant.