Nautical Challenge Ltd v Evergreen Marine (UK) Ltd [2022] EWHC 206 – 8 February 2022 (Teare J)

Overturning the decisions of the courts below, the SC held the crossing rule (vessel with the other on her starboard side gives way) was applicable to the Alexandra I while approaching channel/awaiting pilot and sent the matter back to the High Court for collision damage to be re-apportioned. It found that Alexandra I had failed to give way. However, the consequences of the failure were avoidable had it not been for the Ever Smart’s own “gross” fault of having no lookout, despite warning by pilot, and breach of the narrow channel rule. Damage was apportioned 70:30 in favour of Alexandra I.