Ocean Prefect Shipping Ltd v Dampskibsselskabet Norden AS [2019]

Ocean Prefect Shipping Ltd v Dampskibsselskabet Norden AS [2019] EWHC 3368 — 6 December 2019 (Teare J)

“The Court refused Owners' application to admit the MAIB (UK investigatory body) report into arbitration proceedings with Charterers, further to the UK-flag vessel grounding in the UAE. Pursuant to the Merchant Shipping Regulations 2012, the only purpose of MAIB investigations is to improve maritime safety (and not to attribute or apportion blame). MAIB reports are therefore inadmissible in any judicial proceedings, unless a court determines that the interest of justice outweigh any prejudice to future accident safety investigation and relations between the UK and foreign states or international organisations. The Court found that in this case there was no reason to depart from the general rule, as maritime safety and international relations are of a greater importance than Owners' commercial interests in recovering their loss.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
11th December 2019