Evergreen Marine (UK) Limited (Appellant) v Nautical Challenge Ltd (Respondent)

The appeal in Evergreen Marine (UK) Limited v Nautical Challenge Ltd was heard by the Supreme Court, with the key issues being the interpretation of the International Regulations for Preventing Collisions at Sea 1972 (the Collision Regulations), specifically the "crossing rules" in rules 15-17. The questions centered on whether these rules apply when an outbound vessel is navigating within a narrow channel and another vessel approaches with the intention of entering the channel, and whether the approaching vessel must be on a steady course for the crossing rules to apply. The collision in question occurred between the appellant's container vessel, Ever Smart, and the respondent's VLCC, Alexandra 1, in the Jebel Ali port channel. Both the Admiralty judge and the Court of Appeal had ruled that the crossing rules were inapplicable in this scenario, leading to the appeal. The Supreme Court, after considering the submissions and advice from nautical assessors, concluded that the crossing rules do apply in such situations, and that there is no requirement for the approaching vessel to be on a steady course for these rules to engage. This decision was based on the principle that the crossing rules are fundamental to preventing collisions at sea and should not be easily disapplied. The Court allowed the appeal, but deferred to the Admiralty Court to reconsider the apportionment of liability and fault in light of this decision.