We critically analyse recent common law court judgments in collision cases and highlight the issues which arise from these judgments and which we consider to be of particular importance.
Our latest case commentary is on the judgment of the United States Court of Appeals for the Second Circuit of New York ("USCA") in the ALNIC MC/USS JOHN S McCAIN collision.
This collision occurred in the west bound lane of the Singapore Strait traffic separation scheme. The US destroyer was overtaking and passing the Alnic MC at a distance of about 0.3 miles when suddenly and without warning, she turned to port across the bow of the Alnic MC. At first instance the trial judge found both vessels to blame and apportioned 20% of the liability to the Alnic MC, and 80% to the USS John S McCain. (Our paper on his judgment was published in 2022 - see PUBLICATIONS). The USCA has now upheld this apportionment of liability. For the reasons we discuss in this, our latest paper, we think this apportionment is obviously wrong and manifestly unfair.
This case is particularly interesting because of the issues it raises on fault, causation and culpability.
To date we have published commentaries on the following collision cases:
1. WILFORCE/WESTERN MOSCOW
2. FMG SYDNEY/ MSC APOLLO
3. Rule 14- FMG SYDNEY/MSC APOLLO
4, NAVIGATOR ARIES/LEO PERDANA
5. BELPAREIL/KIRAN AUSTRALIA
Copies of these earlier case commentaries are available on request.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.