Queens Court Rules on Maritime Damages
Posted on October 20, 2008
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TimesOnline.co.uk – There was no rule in the Admiralty Court that, where there was no counterclaim, a claimant found partially at fault should recover only a proportion of its costs according to the percentage of liability of the defendant.
Mr Justice Aikens so stated on August 1, 2008, in the Admiralty Court of the Queen’s Bench Division, when making a costs order in favour of Krysia Maritime Inc following its damages claim against Intership Ltd.
The propeller of Krysia, a fast support and intervention vessel, was fouled by a rope attached to a dumb barge, Europa, owned by Intership Ltd. His Lordship had earlier held that the fouling was caused by negligent management of Europa but also by the faulty navigation of Krysia and apportioned liability at 70 to 30 per cent.
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