Changes

(1) Passage planning (which includes making appropriate marks of dangers on charts) is an aspect of seaworthiness that arose before and at the beginning of the voyage [under Article III, rule 1 of the Hague/Hague-Visby Rules- see Fn.1], such that;

(3) Owners were not entitled to rely on the defence of “error of navigation” [under Article IV, rule 2(a)- see Fn.2], to succeed in their claim for a contribution in general average against Cargo Interests, where the failure to mark dangers on the chart was the operative cause of the grounding after the voyage from Xiamen to Hong Kong had commenced.

However, while ECDIS has many advantages, as with all technological solutions, there is always in practice a very real potential for user error and defects or limitations in the software or hardware. As such, application of the principles of this judgment in the ECDIS context could be expected in future.

Some Fn.1 Article III rules 1 and 2 of the potential future problems that could possibly arise would Hague/Hague-Visby Rules reads: "Article III Responsibilities and Liabilities 1. The carrier shall be an incident being caused by inadequate crew training on bound, before and at the correct use beginning of ECDIS or vulnerabilities existing in the ECDIS system itself voyage, to exercise due diligence to cyber-attack or failure to keep software (a) make the ship seaworthy; (b) properly man, including equip and supply the ship; (c) make the likes holds, refrigerating and cool chambers, and all other parts of Notices to Marinersthe ship in which goods are carried, fit and safe for their reception, carriage and preservation."  Fn.2 Article IV, fully uprule 2 of the Hague/Hague-to-dateVisby Rules reads in relevant part as follows: "Article IV Rights and Immunities …. 2.Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from (a) act, neglect, or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the management of the ship;