The Owners of the “X-Press Mahanada” v The Owners of the “Burgan”
| Court | Queen's Bench Division (Admiralty) |
| Judge | Mrs Justice Cockerill |
| Neutral Citation | [2025] EWHC 721 (Admlty) |
| Date | 26 March 2025 |
| Year | 2025 |
| Counsel | Lionel Persey Kc,Nigel Jacobs Kc |
Neutral Citation Number: [2025] EWHC 721 (Admiralty)
Case No: AD-2023-000021
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS
OF ENGLAND AND WALES
KING’S BENCH DIVISION
ADMIRALTY COURT
Wednesday 26 March 2025
Rolls Building
Fetter Lane
London
EC4A 1NL
Before:
MRS JUSTICE COCKERILL DBE
CAPTAIN STEPHEN GOBBI
COMMODORE ROBERT DOREY
(Elder Brethren of Trinity House, as Nautical Assessors)
- - - - - - - - - - - - - - - - - - - - -
Between:
THE OWNERS OF THE “X-PRESS MAHANADA”
Claimant
- and -
THE OWNERS OF THE “BURGAN”
Defendant
- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -
Lionel Persey KC (instructed by Holman Fenwick Willan LLP) for the Claimant
Nigel Jacobs KC (instructed by Stann Law Limited) for the Defendant
Hearing date: 29, 30 October 2024
Questions to Assessors 18 November 2024
Responses of Assessors 10 January 2025
Parties’ Comments to Assessors: 22 January 2025
- - - - - - - - - - - - - - - - - - - - -
APPROVED JUDGMENT
This judgment was handed down remotely by the judge and circulated to the parties’
representatives by email. The date and time for hand-down is deemed to be Wednesday
26 March 2025 at 09:30am
APPROVED JUDGMENT ‘X-Press Mahanada’ v ‘BURGAN’
Mrs Justice Cockerill:
INTRODUCTION
1. At about 08:17:35 local time on Friday 14 June 2019 a collision occurred between the
Claimants’ container vessel “X-PRESS MAHANADA” (“XPM”) and the Defendants’
product tanker (“BURGAN”). It was very nearly a head on collision. It occurred at the
Gupta Crossing which is a significant bend in the Karnaphuli River (“the River”) in the
approaches to the Bangladeshi port of Chattogram. Both vessels were under pilotage –
XPM incoming, and BURGAN outgoing.
2. The collision took place very close to the northern edge of the navigable channel at the
Gupta bend. This is a narrow channel to which Rule 9(a) of the Collision Regulations
applies: namely that each vessel should keep as near to the outer limit of the channel or
fairway on her starboard side as is safe and practicable.
3. It is not in issue that at the time of the collision BURGAN was in her wrong water –
this location was, for her, close to the outer limit of the channel on her port side.
BURGAN’s defence to this claim is all about how she got there. She contends that she
was where she was due to the fault of a third vessel, the “SHAKTI SANCHAR” (“SS”),
an amphibious warfare ship operated by the Bangladeshi army. That vessel, which is
not a party to this action, entered into the channel navigating broadly east to west
between the two vessels fairly shortly before the collision occurred.
The Vessels
4. XPM is a container vessel 182.52m loa and 25.20m in beam. She was built in 2007.
She was owned by Mackenzie Shipping Pte Ltd. of Singapore and flew the Singapore
flag. She is of 18,017 GRT and 23896DWT and is powered by a MAN B&W 9L 58/64
diesel engine developing 12,600 kW at 428RPM. Her main engine drives a right hand
turning, 4 bladed, controllable pitch propellor. That controllable pitch propeller gives
greater control over her speed than a fixed pitch propeller so she is not bound to
specific speeds e.g half ahead, slow ahead.
5. At the material time, XPM was partially laden with about 20,000 tons of containerized
general cargo. Her drafts were 9.3m forward and 9.5m aft. She had the following
manoeuvring speeds:
Engine Order Pitch Loaded Speed Ballast Speed
Full Ahead 60 13.0 13.2
Half Ahead 45 9.8 10.5
Slow Ahead 35 7.7 8.0
Dead Slow Ahead 25 5.5 6.0
6. BURGAN is a product tanker, of 185.99m loa and 32.20m in beam. She was built in
2014. She is owned by Kuwait Oil Tanker Company S.A.K. and flies the Kuwaiti flag.
She is of 46,330DWT, 31,445 GRT, 12,436 NRT and is powered by a 7RT-FLEX 50-D
3
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
