"NORDLAKE" V "SEAEAGLE"

[2015] EWHC 3605 (Admlty), Queen's Bench Division, Admiralty Court, Mr Justice Teare, sitting with Commodore David Squire and Captain Stephen Gobbi as Nautical Assessors, 18 December 2015

Admiralty - Collision - Liability - Navigational fault - Other vessels involved in collision but not involved in present litigation - Apportionment of blame - COLREGS Rule 9

On 30 January 2011 the container vessel Nordlake narrowly avoided a collision with the inbound container vessel Seaeagle (later renamed Elbella) while outbound in the port of Mumbai but very shortly thereafter collided with the inbound Indian warship Vindhyagiri. After the collision a fire broke out on Vindhyagiri and the next day she sank at her berth in the naval dockyard. Some five months later she was salved. On 23 February 2011 a claim was brought in the Indian courts by the Union of India, owners of Vindhyagiri, against the owners of Nordlake. On 25 January 2013 the owners of Nordlake brought a claim against the owners of Seaeagle in the English court, on the ground that the collision was caused by the negligence of those on board Seaeagle and by the negligence of three Indian warships: Vindhyagiri, Godavari and a vessel described as the "lead warship". On 29 January 2013 the owners of Seaeagle counterclaimed, arguing that the collision was caused by the negligence of those on board Nordlake and by the negligence of those on board the same three Indian warships. The issue before the court was whether any of the allegations of navigational fault made by Nordlake and Seaeagle had been substantiated and, if there was fault by two or more vessels, apportionment of liability according to section 187 of the Merchant Shipping Act 1995. India was not a party to the proceedings in this court and there was no evidence from those on board the three Indian warships.