Changes

This is the case of a collision between two vessels – the ALEXANDRA 1 and the EVER SMART - with a long dispute history, concerning matters of apportionment of liability. The litigation concerned the meaning and application of the Crossing Rule (Rule 15) and Narrow Channel Rule (Rule 9) of the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs). On 13 March 2017, the Admiralty Court held that, in the circumstances of the case, the crossing rule did not apply and apportioned liability for the collision 80/20 in favour of ALEXANDRA 1. This decision was upheld on appeal but was overruled by the Supreme Court in a judgment dated 19 February 2021, which held that the crossing rule did apply and that ALEXANDRA 1 was the give-way vessel. As such, the case was remitted to the Admiralty Court, to review matters of apportionment. On that review, liability was apportioned 70/30 in favour of the ALEXANDRA 1.