BARNES V THE CHARTERERS OF THE MOTOR VESSEL "SNOW BUNTING" (THE MV "SNOW BUNTING")

[2012] EWHC B22 (Admlty), Queen's Bench Division, Admiralty Court, Admiralty Registrar Jervis Kay QC, 30 October 2012

Admiralty - Collision - River barge colliding with one-person scull - Applicability of COLREGs - Navigation in narrow channels - Code of practice for Rowing on the Tidal Thames above Putney 2009 - International Regulations for Preventing Collisions at Sea 1972 - Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 - Tideway Code - Thames Navigation Licensing and General Byelaws 1993

The claimant was injured in a collision between her scull and a river barge and sought compensation. She had at the time been rowing downstream and had started to cross the river in order to reach the landing stage. It was a question of evidence whether the defendant was in his own lane or in the claimant's lane. The parties agreed that the Thames Navigation Licensing and General Byelaws 1993 applied to the events. The question arose whether COLREGs should be considered. The 1993 Byelaws followed the Collision Regulations 1965 and it was accordingly enough for the defendant to keep in the starboard lane. However, the 1976 COLREGs had been amended so that in narrow channels, vessels must keep as far to starboard as possible.