Page 16 - Collision Avoidance Rules Guide

plaintiffs or the defendants, or in any other country where the law
permits such actions to be brought. The Courts in the United
Kingdom and the United States will allow an action to be brought if
the defendant vessel is in a port of their country at the time,
In the United Kingdom an action for damages after a collision
would be held in a Court of Admiralty jurisdiction, usually the
Admiralty Court in London. The proceedings there would be held
before a High Court Judge who is usually assisted by two of the Elder
Brethren of Trinity House acting as nautical assessors to give advice
on matters of seamanship.
Appeals from the Admiralty Courts are heard by the Court of
Appeal. Three Lords Justices are usually present and they may be
assisted by two nautical assessors. No witnesses are called.
If leave is granted a further appeal may be made to the House of
Lords. Such an appeal would be heard before five Law Lords, usually
assisted by two assessors.

Example
On the 23rd September, 1961, a collision occurred in the English
Channel between the British Aviator and the Crystal Jewel. At the
formal investigation, which was held in London on the 19th and
20th February, 1962, the certificates of both masters were suspended
for a period of twelve months.
An action for damages was brought by the owners of the Crystal
Jewel against the owners of the British Aviator. The case was held in
the Admiralty Courts on the 5th and 6th of October, 1964. It was held
that both vessels were to blame and the damages were apportioned
three-fifths against the British Aviator and two-fifths against the
Crystal Jewel.
An appeal by the owners of the British Aviator was heard by the
Court of Appeal in March 1965. The Court held that liability should
be apportioned equally between the two vessels. Leave to appeal to
the House of Lords was refused.

...
Xlll