The Owners and/or Bareboat Charterers and/or Sub Bareboat Charterers of the Ship Samco EuROPE v The Owners of the Ship Msc Prestige

Hearing dates: 11–13 April 2011

On 8 December 2007 at 0247 (local time, GMT plus 3) a collision occurred in the Gulf of Aden about 16 miles to the south- east of the southern entrance of the Bab El Mandeb traffic separation scheme between the Yemen and Djibouti coastlines at the entrance to the Red Sea and in good visibility of about 10 miles between the VLCC SAMCO EUROPE and the containership MSC PRESTIGE. As a result of the collision both vessels suffered considerable damage. The claim of SAMCO EUROPE has been estimated at US$34.5m. and the claim of MSC PRESTIGE has been estimated at US$16m. Each vessel claims that the other was primarily to blame for the collision.

Both vessels carried a Voyage Data Recorder ("VDR") the data from which has been extensively analysed and agreed by the parties' representatives. As a result there was no dispute as to the navigation of each vessel leading up to the collision, though there were disputes as to the reasons why certain steps in the navigation were taken and as to what was, or was not, seen visually. There were written statements in evidence from both officers of the watch and other members of the respective crews but neither party called the officer of the watch or any other person to give oral evidence.

The vessels

SAMCO EUROPE is a double-hulled VLCC, 333m. in length, 60m. in beam and 160,882 grt. She has a sea speed of over 16 knots. SAMCO EUROPE's navigation equipment included two ARPA radars, AIS, and an electronic chart display and information system ("ECDIS").

SAMCO EUROPE was on a voyage from Lavan Island, Iran, to Rotterdam via the Suez Canal laden with 284,844 mts. of crude oil. At the time of the collision her officer of the watch was Second Officer, Mr. Ranjit Singh Dhillon. He received his Second Officer's certificate in December 2006 and had previously served as Second Officer on another VLCC for about six months in 2007 before joining SAMCO EUROPE on 19 November 2007.

MSC PRESTIGE is a containership of 293m. in length and 40m. in beam and was built in 2006. She has a sea speed of over 26 knots. MSC PRESTIGE's navigation equipment also included two ARPA radars, AIS and ECDIS.

MSC PRESTIGE was on a voyage from Jeddah to Port Louis, Mauritius laden with about 22,863 mts. of containerised general cargo. At the time of the collision her officer of the watch was the Second Officer, K.S. Kumar. He had obtained his Second Officer's certificate in 1997 and had served as Second Officer since 2000. He had served as Second Officer on container ships between 2004 and 2006. He then studied for his First Officer's certificate which he obtained in September 2007. He joined MSC PRESTIGE on 14 October 2007.

The navigation of SAMCO EUROPE

SAMCO EUROPE was steering a course of 300° and making about 16.5 knots. Both radars were in the relative motion, north up, sea stabilised mode and on the 12 mile range. Since the radar was off-centred the range was in fact about 16–18 miles.

At about 0220 (or C-27) the echo of a vessel which proved to be MSC PRESTIGE was observed about 1 point on the port bow at about 16–17 miles. She appeared to be a south- east bound vessel. The Second Officer "acquired" the echo as a target when MSC PRESTIGE was about 12 miles distant. At C-16 the ARPA revealed the speed of MSC PRESTIGE to be about 24 knots. The Second Officer correctly assumed that she was a container vessel. MSC PRESTIGE was, according to the ARPA data, set to cross ahead of SAMCO EUROPE from port to starboard with a passing distance ("CPA") of 4 cables.

At the same time there was a vessel ("Target No.2") on the starboard quarter of SAMCO EUROPE also proceeding in a north westerly direction but at a slower speed than SAMCO EUROPE. There was also a vessel ("Target No.11") on the starboard bow of SAMCO EUROPE proceeding in a north westerly direction at a faster speed than SAMCO EUROPE.

The VDR contains a recording of what was said on the bridge of SAMCO EUROPE from which it is apparent that the Second Officer observed the green sidelight of MSC PRESTIGE at about C-16. In his statement he said that he also saw her white masthead lights. She was bearing about one point on the port bow and distant about 10 miles.

SAMCO EUROPE maintained her course and speed.

The data from the ARPA indicated that MSC PRESTIGE had altered course by about 6° to starboard by about C-8. The Second Officer said in his statement that he observed a small alteration of a few degrees to starboard from the ARPA. He assumed that it was to increase the port-to-port passing distance with the north-west bound vessel on the starboard bow of SAMCO EUROPE.

The data from the ARPA continued to show that MSC PRESTIGE was shaping to cross ahead of SAMCO EUROPE. By C-7.5 the ARPA was indicating that she would pass SAMCO EUROPE on her starboard side at a distance of about two cables. The vessel on the starboard bow of SAMCO EUROPE was distant about 3.8 miles and proceeding at a faster speed than SAMCO EUROPE and the vessel on her starboard quarter was distant about 2.2 miles and proceeding at a slower speed than SAMCO EUROPE.

The Second Officer decided to alter course to port. He put the vessel into manual steering and ordered the helmsman to steer "port 10". The VDR of SAMCO EUROPE records that from about C-7.5 until C-7 or a little later the heading of SAMCO EUROPE altered to about 295°. He stated that his reason for doing so was "to increase the CPA".

The Second Officer ordered "midships" and SAMCO EUROPE remained on 295° for about a minute after which the Second Officer once more ordered the helmsman to steer "port 10". The heading of SAMCO EUROPE began to alter to port at about C-6. As a result of this alteration to port the bearing of MSC PRESTIGE from SAMCO EUROPE passed from the port bow to the starboard bow.

During this alteration to port SAMCO EUROPE was called by MSC PRESTIGE on VHF at about C-5. The following conversation took place:

"MSC P: Red to red please

SE

Please repeat

MSC P: We'll pass red to red

SE

Ah yes, I've already altered to Port. Thank you.

MSC: Thank you."

After this conversation the Second Officer instructed the helmsman to "come to port 280". By C-4 the heading of SAMCO EUROPE was about 285°. By this time the ARPA was indicating to the Second Officer a passing distance of less than a cable, starboard to starboard.

The Second Officer said in his statement that it was at this time that he "watched in amazement" as the masthead lights of MSC PRESTIGE narrowed and he saw both side lights, having previously seen only the green sidelight. It is however common ground that the red side light opened at about C-5.5. Mr. Russell QC, counsel for MSC PRESTIGE, submitted that the Second Officer was not keeping any visual lookout but was concentrating on the ARPA radar and so had not seen the red light open at about C-5.5. Mr. Jacobs QC, counsel for SAMCO EUROPE said that the red light had been seen but that the Second Officer was mistaken as to precisely when he saw it open. I will return to this dispute when dealing with the issue of fault.

At about this time SAMCO EUROPE called MSC PRESTIGE by VHF. The following conversation took place:

"SC: MSC PRESTIGE, you're not giving me any CPA, I'm altering to port. I'm still getting this just 1 cable. Are you altering?

MSC P: I'm going to starboard right now, starboard.

SE

I'm altering to port, you're coming to starboard, you're coming towards me.

MSC P: I told red to red.

SE

For red to red you have to alter to port.

MSC P: Yeah OK, I maintain my course, you go to port please."

The Second Officer accepts that he was in error in saying that for a red to red passing MSC PRESTIGE would need to go to port. He said that he was confused in the heat of the moment. Mr. Russell submitted that it was more than that and revealed the Second Officer's incompetence. I will return to that submission when considering the issue of fault.

The heading of SAMCO EUROPE continued to alter to port. By C-3 it was about 278° and by C-2 it was about 271°. At this time there was a further exchange on VHF.

"MSC P: I am maintaining my course.

SE

Copy that, I am still altering to port. If you can alter a bit to port."

The Second Officer ordered hard to port and the VHF exchange continued.

"SE: MSC PRESTIGE, MSC PRESTIGE, come in please.

MSC P: MSC PRESTIGE

SE

Er, yes. I'm still not getting any CPA.

MSC P: Just give hard to port please.

SE

I've given hard to port."

The Second Officer called the Master to the bridge.

By C-1 the heading of SAMCO EUROPE had reached 264°.

At collision her heading was about 230°. The angle of collision between the starboard bow of SAMCO EUROPE and the port bow of MSC PRESTIGE was about 90°.

The navigation of MSC PRESTIGE

MSC PRESTIGE was steering a course of about 101° and making about 24 knots. Both radars were on north up display with a range of 6 miles. Since they were off-centred the range was in fact about 9 miles. However, from time to time the range on the S band radar was increased.

It is now agreed that at about C-23 the echo of SAMCO EUROPE was acquired and that it is likely that this was acquired manually by the Second Officer. At this...