大型集装箱船“Ever Smart”轮与超大型油轮 “Alexandra 1”轮之间发生的碰撞案件,给人们提出了一个如何理解避碰规则的关键问题:当狭水道条款与交叉相遇条款发生冲突时,交叉相遇条款是否依然适用?
详细信息请参阅附件。
JUDGMENT Evergreen Marine (UK) Limited v Nautical Challenge Ltd [2021] UKSC 6
This is the first appeal in a collision action to come before the Supreme Court. Indeed, it is approaching 50 years since the last such appeal before the House of Lords – The Savina [1976] 2 Lloyd’s Rep 123.
The appeal raises two important questions of construction of the International Regulations for Preventing Collisions at Sea 1972 as amended (“the Collision Regulations”). Both questions relate to the application of the “crossing rules”, as set out in rules 15-17 of the Collision Regulations. These rules apply where two power-driven vessels are crossing so as to involve a risk of collision. They require the vessel which has the other on her starboard side to keep out of the way (the “give-way vessel”) whilst the other vessel is required to keep her course and speed (the “stand-on vessel”). They are of cardinal importance to the safety of navigation.
See Attached file: JUDGMENT Evergreen Marine (UK) Limited (Appellant) v Nautical Challenge Ltd (Respondent)

