Topic > Collision at Sea Case Study - 775

1. INTRODUCTION The law involved in this case is maritime law, particularly in the area of ​​collisions at sea (Part 1) and the law of salvage (Part 2). Based on the merits of this case, the author hereby expresses his legal opinion on the rights and potential liabilities of the parties arising from the series of events.2. Part 1: COLLISION AT SEAThere are civil and criminal liabilities arising from the fact of the case. The issues to be clarified are whether Invictus is responsible for the damage caused to the Sandford lighthouse and whether Invictus breached the rules relating to collisions at sea. The foundation of the rules governing the issue of collisions at sea dates back to 1840, where London's Trinity House established a set of binding rules (practice and custom) on the conduct of navigation. Section 419(4) of the Merchant Shipping Act ('MSA') 1894 provides for the principle of 'presumption of guilt' whereby the vessel in breach of the Regulations shall be deemed to be at fault unless it has been satisfactorily proved for the court that the circumstances of the case made a derogation from the regulation necessary. However this principle of arbitrary presumption was abolished by virtue of section 4 of the MSA 1911. Furthermore, in 1977, the British Government adopted the International Regulations for Preventing Collisions at Sea ("COLREGS") 1972 as part of English law the regulations of which are subject to these MSAs and now consolidated by the MSA 1995. In general, the COLREGS principles will be applicable to "all British ships on the high seas and all waters connected therewith navigable by sea-going vessels and to foreign ships entering the territorial territory of the United Kingdom waters'. However, there are exceptions, for example, that...... in the middle of the card ...... contributed to the collision, Invictus will be held liable for having breached this rule. Rule 6 provides that "every vessel shall at all times proceed at a safe speed so as to be able to take adequate and effective measures to avoid collision and to be stopped within a distance appropriate to the prevailing circumstances and conditions". This regulation imposes a duty to ensure that the vessel maintains a safe speed at all times. In the absence of the Invictus speed report, it can be argued that the radar malfunction could lead to a different and undefined speed reading with difficulty in determining the correct speed. Furthermore, the failure of the ship's commander to slow down the ship after being informed of the light signal in the center of the screen could suggest that the Invictus was not at a safe speed, violating this regulation..