KRYSIA MARITIME INC V INTERSHIP LTD

[2008] EWHC 1523, Queen’s Bench Division, Admiralty Court, Mr Justice Aikens, 1 July 2008

Admiralty – Liability – Damage to ship – Propeller of vessel damaged by the rope of another vessel – Good seamanship – Merchant Shipping Act 1995 section 187 (1) and (2)

While Krysia was manoeuvring next to Europa, a barge which in turn was moored to a FPSO, a rope and wire fouled her propeller which was damaged, also resulting in damage to the gearbox and line shaft. The claimant owners of Krysia sought damages saying that the damage was caused by a rope and wire attached to a Yokohama fender belonging to Europa that were floating loose in the water or excessively slack, in a manner inconsistent with good seamanship. Aikens J held that the claimants’ action succeeded in liability. Although it was not a collision case in the strict sense, blame would be apportioned so that the claimants succeeded to the extent of 70 per cent of their proved loss and damage.