THE "BRABANT."

(1940) 67 Ll.L.Rep. 445

ADMIRALTY DIVISION.

Before Mr. Justice Langton, sitting with Captain H. C. Birnie and Captain R. L. F. Hubbard, Elder Brethren of Trinity House.

Negligent navigation - Anchored vessel - Collision between Russian motor vessel Felix Dzerjinsky and craft in barge roads in Woolwich Reach, River Thames -Allegation by Russian vessel, bound up river, that Dutch motor vessel Brabant, lying at anchor, came ahead and forced her (the Russian vessel) to take sudden port helm action, and that the subsequent collision was a direct consequence - Contention by Brabant that the Russian vessel passed too close at speed and caused the Brabant to drag her anchor and move across the river-Brabant found alone to blame by Sir Boyd Merriman, P.-Appeal- Evidence of bottom damage to Russian vessel given at trial-When and where sustained - New trial ordered by C.A. on ground that learned President had not taken full account of the bottom damage to the Russian vessel, which was directly relevant to a consideration of the course which that vessel took and therefore to the issue of liability - Retrial - Evidence of mutual error as to position of barge roads - Brabant's case, based on position of bottom damage sustained by Russian vessel, not proceeded with-Whether Brabant presented an obstruction which the Russian vessel could not avoid by the exercise of ordinary care and skill-Contention by Brabant that Russian vessel should have avoided collision by starboarding and taking off her way - Look-out - Port of London River By-laws, 1938, Rule 16.