NAVIGATING LIABILITY IN MARITIME COLLISIONS

 

illustrative photo only, image crédits :https://unsplash.com/pt-br/fotografias/um-grande-navio-no-oceano-_NiokEUwJD0

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Navigating Liability in Maritime Collisions: The Case of X-Press Mahanada v Burgan

Maritime collisions are complex, often involving multiple vessels and interpretations of international regulations. The recent case of X-Press Mahanada v Burgan underscores the nuances of liability in such incidents. Following a near head-on collision in a narrow channel, X-Press Mahanada invoked Rule 9(a) of the International Regulations for Preventing Collisions at Sea 1972 (COLREGS) to establish fault on Burgan. However, Burgan defended itself by attributing blame to a third vessel, Shakti Sanchar, which was not represented in the proceedings.

The High Court ultimately apportioned fault—65% to Burgan and 35% to Shakti Sanchar—while determining that X-Press Mahanada was not causally at fault. The judgment reaffirms key principles in collision liability, particularly the treatment of non-causative faults, the significance of COLREGS compliance, and the Court's willingness to assign responsibility to absent parties.

To explore the full details of the case and legal commentary, visit the original case note contributed by Sheridan Steiger at DMC's CaseNotes.

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original site to view the full article: 🚢

https://www.onlinedmc.co.uk/index.php?title=THE_OWNERS_OF_THE_%E2%80%9CX-PRESS_MAHANADA%E2%80%9D_v_THE_OWNERS_OF_THE_%E2%80%9CBURGAN%E2%80%9D

By, Zadock Zenas

Slovenia