"Beyond The Libra": Perspectives On Passage Planning In The Digital Age

It would be fair to say that the decision of the High Court in 2019 (upheld by the Court of Appeal in 2020) in the "CMA CGM LIBRA" divided opinion across the shipping industry in relation to the central issues as to whether the vessel should be considered unseaworthy by virtue of a defect in the passage plan and whether owners had exercised due diligence in that regard. The industry now eagerly awaits the decision of the Supreme Court, which we may see in the latter part of 2021.

Whichever side of the "CMA CGM LIBRA" divide you sit on, there are broader and equally significant issues relating to passage planning which presently lie, like the proverbial iceberg, just below the surface. Within the last decade the Marine Accident Investigation Branch (MAIB) has investigated a number of groundings in circumstances where the use of ECDIS was at least a contributory factor. That led the MAIB to team up with its counterparts in Denmark and conduct a joint