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Case Summaries
Smith v The "Ross Revenge" — QBD [2017]
“A vessel once operating as pirate radio station "Radio Caroline" was considered to be abandoned by the owner despite absence of an express statement by the owner to that end. Failure to engage in a court process, and a clear absence of interest in the vessel over a sustained period of time, led the Court to infer that owner had abandoned its rights of ownership. The claimant 'caretaker' was able to become owner of the vessel since no other party, including the Crown, had asserted a better right.”
Nautical Challenge Ltd V Evergreen Marine (UK) Ltd [2017]
“The Admiralty Court ruled that a vessel exiting the channel (of a UAE port) bore 80% responsibility for a collision with an entering vessel. The former had failed to navigate on the starboard side of the channel, to keep a proper lookout or develop a safe speed or take avoiding action. The latter, although it failed to keep a proper aural lookout, nevertheless maintained a safe speed and took immediate avoiding action. “
Kairos Shipping Ltd & Anorv Enka & Co LLC & Ors (ATLANTIK CONFIDENCE) [2016]
“An "aggregation of unlikelihoods" convinces the Court that the ship was scuttled and that the Owners are not, therefore, entitled to limit their liability to cargo interests under the Limitation Convention.”
"Nordlake" v. "Seaeagle" [2015]
“For the first time the Admiralty Court apportions, between 4 vessels, liability for a collision between a containership and a warship at the port of Mumbai, even though the two warships are not party to the English proceedings.”