Prekookeanska Plovidba v Felstar Shipping Corporation and another (The “Carnival”) - Court of Appeal (Russell, Farquharson and Hirst LJJ) - 3 March 1994

Vessel alongside berth damaged by fender as result of forces of interaction caused by passing vessel - Whether passing vessel negligent - Whether charterers in breach of safe berth warranty

The plaintiffs’ vessel Danilovgrad , a 15,396 grt ore carrier, was in the process of mooring alongside the Setramar berth at Ravenna. The first defendants’ vessel Carnival , laden with a cargo of 32,630 tonnes of soya bean meal, passes Danilovgrad at a speed of about 3.5 knots, causing Danilovgrad to surge and yaw. As a result of the forces of interaction between the two vessels the shell plating of Danilovgrad was penetrated below the waterline by the camshaped end of a baulk and tyre fender, which was suspended by chain from a bollard on the quay. The fender was compressed between the quay and the port side of the Danilovgrad . The fender was composed of four lorry tyres, through which ran a steel shaft, at each end of which was a cam-shaped steel retaining plate. The fender penetrated the hull and created a hole 100 mm wide.