THE OWNERS OF THE CARGO LATELY LADEN ON BOARD THE MV "SUN CROSS" V THE OWNERS AND/OR DEMISE CHARTERERS OF THE MV "RICKMERS GENOA" (RENAMED THE "RICKMERS DALIAN")

[2010] EWHC 1949 (Admlty), Queen's Bench Division, Admiralty Court, Mr Justice David Steel sitting with Captain Derek Richards, Elder Brother of Trinity House, as Nautical Assessor, 30 July 2010

Admiralty - Collision liability - Apportionment - Restricted visibility - Colregs Rule 10

The general cargo vessel Sun Cross had been sunk in a collision with the container vessel Rickmers Genoa in a collision in the Yellow Sea. The judge held that although in a restricted visibility situation blame would usually be apportioned equally, in this case Rickmers Genoa would be apportioned with 70 per cent of the blame. She continued at 20 knots into a close quarters situation which she was using only her VHF to avoid. Having seen Sun Cross at close range fine to port she selected the wholly improper option of coming to port.