Wilforce LLC & Anor v Ratu Shipping Co. SA & Anor [2022] EWHC 1190 – 20 May 2022 (Sir Nigel TEARE sitting as a Judge of the High Court with Nautical Assessors)

After crossing in front of “ Wilforce” ( sailing east), “Western Moscow” turned to port (west) in order to join the westbound channel of the Singaporean Strait Traffic Scheme, and informed “Wilforce” they would “pass port to port”. A collision nevertheless ensued. “Western Moscow’s failure to sound/display appropriate signals, although in breach of COLREGs, was held non-causative. Rather, its poor lookout, “especially striking” when turning westwards where eastbound traffic was expected, caused its failure to “pass port to port”. However, “Wilforce”, in breach of local rules stipulating “maximum manoeuvring readiness”, had failed to reduce speed when collision risk was appreciated. The Court found “Western Moscow” 3 x more to blame and liability was apportioned 75%/25%.