PREKOOKEANSKA PLOVIDBA v. FELSTAR SHIPPING CORPORATION AND SETRAMAR Srl. AND STC SCANTRADE A.B. (THIRD PARTY) (THE “CARNIVAL”)

[1994] 2 Lloyd's Rep. 14

COURT OF APPEAL

Before Lord Justice Russell, Lord Justice Farquharson and Lord Justice Hirst

Negligent navigation - Damage to vessel and cargo - Plaintiffs’ vessel being moored at Setramar berth at Ravenna - Defendants’ vessel proceeded past plaintiffs’ vessel - Plaintiffs’ vessel and cargo damaged by fender penetrating plating - Whether defendants’ vessel negligently navigated - Whether plaintiffs guilty of contributory negligence - Whether plaintiffs failed to take steps to mitigate amount of damage caused. Charter-party (Voyage) - Unsafe berth - Damage to vessel and cargo - Charterers ordered vessel to Ravenna - Vessel being moored alongside Setramar berth - Defendants’ vessel proceeded past plaintiffs’ vessel - Damage to plaintiffs’ vessel and cargo caused by fender penetrating plating - Whether Setramar berth an unsafe berth - Contribution between defendants - Civil Liability (Contribution) Act, 1978.