Spyros v Rebecka E, Admiralty Case, Quoted By Julian Joy

Spyros v Rebecka E, Admiralty Case, Quoted By Julian Joy
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Again it cannot be repeated too often, my analysis shows the close quarters situation was caused by Seaway incrementally altering course to starboard. Classique was by definition a crossing vessel but there was clearly no risk of collision if Seaway had maintained course & speed. Therefore Rule 22 did not apply as they were not crossing so as to involve risk of collision. Classique did not expect to have to take avoiding action & in his evidence Mr Bolton was surprised at how Seaway appeared to be following him.
Seaway is not permitted to manufacture a give-way situation by changing course progressively as she did. In fact the case has similarities with that of Spyros v Rebecka E in UK Admiralty Division, in which Lord Merriman said –
“Spyros is not entitled to invoke the crossing rule when she herself creates the situation, in which it would theoretically apply by her own negligent action”
This ruling example overrides the belief of Mr Young’s evidence in the transcripts –
“ It is simply that it would be very difficult for the give-way vessel to argue that the stand-on vessel was in some way at fault & to use that as an excuse for it not taking the action it should have taken.”
The Photographic evidence in my opinion, has proven the matter sufficiently well beyond reasonable doubt that Seaway is “not entitled to invoke the crossing rule when she herself created the situation, in which it would theoretically apply, by her own negligent action.”
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
In Farwell’s Rules of the Nautical Road there is the admonition that – “a vessel must not turn deliberately to place herself in a position of a stand-on vessel in a crossing situation. The approach cannot be unilaterally converted by one vessel into another classification.”
Click here to view – Farwell’s Rules of the Nautical Road
Spyros v Rebecka E, Admiralty Case, Quoted By Julian Joy, 2014-04-20_1952

 

Spyros v Rebecka E, Admiralty Case, Quoted By Julian Joy

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