H.M.S. "MALAYA."

(1937) 58 Ll.L.Rep. 261

ADMIRALTY DIVISION.

Before Mr. Justice Bucknill, sitting with Captain H. C. Birnie and Captain W. E. Crumplin,* Elder Brethren of Trinity House.

Collision between Dutch steamship Kertosono and H.M.S. Malaya, off the Portuguese coast, in fog-Kertosono bound north; Malaya bound south- Contact between stem of Kertosono and port side of Malaya-Evidence of engine movements and helm action taken by each vessel just before collision-Speeds-Look-out-Visibility -Dispute as to bearing of each vessel to the other upon sighting-Duty of vessels in fog-Collision Regulations, Art. 16: "Every vessel shall, in a fog, mist, falling snow, or heavy rain storms, go at a moderate speed, having careful regard to the existing circumstances and conditions. A steam vessel hearing, apparently forward of her beam, the fog signal of a vessel the position of which is not ascertained, shall, so far as the circumstances of the case admit, stop her engines, and then navigate with caution until danger of collision is over"-Contention by Malaya that position of Kertosono was "ascertained," thereby justifying helm action.