Source: All England Reporter
Publisher Citation: [2010] All ER (D) 113 (Dec)
Neutral Citation: [2010] EWHC 3180 (Admlty)
Court: Queen's Bench Division, Admiralty Court
Judge:

Teare J sitting with elder bretheren of Trinity House

Representation Jeremy Russell QC and John Kimbell (instructed by Weightmans LLP for the claimants.
  Timothy Brenton QC (instructed by Wikborg Rein) for the defendant.
Judgment Dates: 8 December 2010

Catchwords

Shipping - Collision - Causation - Apportionment of liability - Vessels colliding in dense fog - Court asked to determine apportionment of liability - Whether and to what extent liability to be apportioned between the vessel - .

The Case

Shipping Collision. The Admiralty Court, in apportioning liability between two vessels involved in a collision found that it was not possible to establish different degrees of fault between the vessels and therefore liability for the damage had to apportioned equally between the two vessels in accordance with of the Merchant Shipping Act 1995.

Practice Areas

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