Originally published in TEDR Volume 11 Issue 1 (publication date not recorded).
[2005] EWHC 380 (Admlty), [2005] 1 Lloyd's Rep 699 TEDR Volume 11 Issue 1
This was a case arising out of a collision between two vessels on the Orinoco River in Venezuela. The dispute was about fault for the collision, and an expert assessor had been appointed by the Court, under CPR r.35.15, to assist.
The issue between the parties was fault; but the Court also set out guidelines for the proper approach to collision cases where there is an expert assessor appointed.
On the substantive issue the Court found for the Defendant, and that the Atlantic Crusader was not responsible. In short, although the Atlantic Crusader had failed to control her yaw whilst at anchor, that was not causative of the collision, which could have been avoided in any event had the Global Mariner not been negligently handled.
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