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ARTICLE · 11 SEPTEMBER 2023

Another Crossing Rule Case

Quadrant Chambers
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At 2232:15 on 29 August 2020 SYDNEY, a very large ore carrier, collided with APOLLO, a container ship, in the approaches to Tianjin, Northern China.

United KingdomTransport
Nigel Jacobs
Nigel Jacobs

FMG Hong Kong Shipping Ltd, the Demise Charterers of FMG SYDNEY v Owners of the MSC APOLLO [2023] EWHC 328 (Admlty)

At 2232:15 on 29 August 2020 SYDNEY, a very large ore carrier, collided with APOLLO, a container ship, in the approaches to Tianjin, Northern China. Sir Nigel Teare held that APOLLO was 100% to blame for the collision. The Court of Appeal granted permission to appeal on a discrete point in relation to the application of the Head-on Rule (Rule 14). The Judge, on the other hand, decided that the Crossing Rule applied (Rules 15-17) and rejected the application of Rule 14. The Court of Appeal dismissed the more general application for permission to appeal against the Judge's findings and the apportionment itself.

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