catchwords

Collision – Restricted Visibility – Liability for collision – Apportionment of liability.

this page was last time updated on: 24-Sep-2012

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Cases referring to this case:

M.V. Sun Cross v M.V.Rickmers Genoa [2010] EWHC 1949 (Admlty)


THE MINERAL DAMPIER AND HANJIN MADRAS [2001] EWCA Civ 1278

For education purposes only


At about 03 30 hours local time (GMT + nine hours) on June 22, 1995 two Cape size bulk carriers Mineral Dampier and Hanjin Madras came into collision in the East China sea about 160 miles south of Cheju Island which was itself south of Korea. It was agreed that until the time when the vessels saw one another this was a case of restricted visibility for the purposes of the Collision Regulations. As a result of the collision Mineral Dampier sank quickly and all 27 of her crew were lost.



Comments:

Per Steel J. in M.V. Sun Cross v M.V.Rickmers Genoa [2010] EWHC 1949 (Admlty) at para 23:

That said the persistent and unsuccessful attempts to make contact whilst in the meantime making no alteration of course and speed is strongly suggestive of a reliance on VHF contact as the method of first resort in collision avoidance. This is to be deplored as enhancing the risks rather than limiting them.

 

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