The owners of the ship John M v. The owners of the ship Maloja II - Court of Appeal (Russell, Staughton and Steyn L.JJ.) - 1 December 1993

Collision - Blameworthiness - Question of fact for Judge - Circumstances in which Court of Appeal will interfere

On the night of 4 March 1988 there was a collision in the North Atlantic, 47 Degrees 3 minutes North, 57 degrees 57 minutes West, between two vessels, the John M and the Maloja II . The Maloja II , registered at Limassol, was carrying 5,442 tons of cargo from Montreal to Rotterdam. Her course was 112 degrees and her speed 14 knots. The John M , registered at Syros, was on a ballast voyage from Algeria to Sorel in Quebec. Her course was 289 degrees and her speed also 14 knots. The vessels first became aware of each other’s presence some 30 minutes before the collision. At that stage their respective courses would have caused them to pass each other at only 4 to 5 cables distance. The Maloja II acted first and turned 12 degrees to port. 8 minutes later, 16 minutes before the collision, the John M , (having failed to notice the Maloja II’s change of course), turned 10 degrees to starboard. That put the vessels on a collision course. Although they were now closing at a combined speed of 28 knots, neither ship paid much attention of their radar and no action was taken for the 14 minutes. Two minutes before the collision, the two vessels came in sight of one another, and panic set in. The John M turned hard to starboard and shortly afterwards the Maloja II turned hard to port and the two vessels then collided.