A collision occurred on 19 October 2015 in the territorial waters of Gibraltar between the superyacht Silverfast, owned by Project Silver Fast Ltd, and the chemical tanker Stolt Shearwater, owned by Stolt Shearwater BV. The Stolt Shearwater sailed in ballast to the CEPSA terminal in Algeciras (Spain). From 13:21 hrs, the course changed in a northerly direction from 291º to 337º with a speed of approximately 4-5 knots and from 13:36 hrs, gradually increasing to about 8 knots. At 13:21 hrs the Silverfast left the port of Gibraltar headed to Fort Lauderdale, Florida (USA). The Silverfast passed the jetty around 13:29 hrs and then sailed in a southwesterly direction through the anchorage area near Gibraltar, with a southwesterly course ranging between approximately 200º and 206º and a speed increasing to 17.5 knots at 13:38:54 hrs. From 13:39:14 hrs onwards the Silverfast decreased speed to 7.4 knots shortly before the collision. The second mate of the Stolt Shearwater reported to the captain at 13:34 hrs that a ship was approaching in the direction of the Stolt Shearwater, that he had observed the ship and that he had verified the course, closest point of approach and the speed via the ECDIS. The crew of the Stolt Shearwater did not see the Silverfast until 13:37 hrs. At that moment, the distance between the ships was 1.2 nautical miles. The Silverfast noticed the Stolt Shearwater when called on VHF radio at 13:39:12 hrs. The speed of the Stolt Shearwater was 8 knots and its course was 335º. The Silverfast sailed at a speed of 17.4 knots and at a course of 206º. At 13:39:40 hrs, the Silverfast responded via VHF: 'Stolt Shearwater, this is Silverfast', to which the Stolt Shearwater responded: 'Yeah, what are your intentions - you are near to me'. The Silverfast reacted: 'Yes, I gone astern and pulled my engines', at which point the Stolt Shearwater answered: 'You will stop your engines … . You should keep clear of me.' The Silverfast responded: 'Stopped my engines.' At that moment, the speed of the Stolt Shearwater was 7.6 knots and its course was 336º. The speed of the Silverfast had decreased to 10.6 knots and its course was 209º. At 13:39:56 hrs, the Stolt Shearwater sounded its ship's horn. The Silverfast made a sharp turn to port in an attempt to avoid a collision. The collision took place around 13:40 hrs. Project Silver Fast Ltd and Krass claimed damages from Stolt Shearwater BV​.

Held: Pursuant to r 5 of the COLREGs, every vessel shall at all times maintain a proper lookout so as to make a full appraisal of the situation and of the risk of collision. For this purpose, modern ships such as the Silverfast and the Stolt Shearwater can make use of technical facilities on the bridge. There was clear weather and good visibility.

On board the Stolt Shearwater, r 5 of the COLREGs was not properly adhered to. The Silverfast was not observed until around 13:34 hrs and apparently, courses were insufficiently plotted at that time to appraise a risk of collision. On board the Silverfast a proper lookout was also not maintained. This follows from the fact that, after around 13:29 hrs, the Silverfast passed the jetty at a speed of up to 17.5 knots between anchored ships without giving any message or signal to the Stolt Shearwater, until the ship was called from the Stolt Shearwater over the VHF at around 13:39 hrs

According to r 6 of the COLREGs, every vessel shall at all times proceed at a safe speed 'appropriate to the prevailing circumstances and conditions'. For the Silverfast this means that it had to maintain a low speed while sailing out of a harbour and then through an anchorage area where several ships were anchored. In doing so, it had to take into account not only its own manoeuvrability to sail past those ships lying at anchor, but also the risk that another ship sailing in or outside the anchor area would not notice it because of the tangle of ships lying at anchor. Where the Silverfast increased its speed in the anchororage area from 12 knots to 17.5 knots, it is clear that r 6 was breached.

Given the courses of the ships, there was a crossing situation within the meaning of r 15 of the COLREGs. In accordance with rr 15 and 16 of the COLREGs, the Stolt Shearwater must in this situation ‘keep out of the way’ of the Silverfast and ‘if the circumstances of the case admit, avoid crossing ahead’ in relation to the Silverfast and ‘so far as possible, take early and substantial action to keep well clear’. The Stolt Shearwater did not comply with these rules. Instead of making room for the Silverfast, the Stolt Shearwater in fact increased its speed from 4.3 knots to 8 knots. Instead of changing its course so that the ships would no longer cross each other and be able to pass freely, the Stolt Shearwater shifted its course somewhat to starboard, with the courses continuing to cross. As follows from r 17(d) of the COLREGs, these requirements are not limited by non-compliance or by failure to fully comply with the requirements applicable for the ship to which priority should to be given. Circumstances did not call for 'crossing ahead', nor did they show that it was not possible to take 'early and substantial action'. The circumstance that the traffic control in Algeciras asked the Stolt Shearwater to follow the Milan Express cannot be regarded as such a circumstance. These mistakes, made on board the Stolt Shearwater, led to the risk of a collision situation.

According to r 17 of the COLREGs the Silverfast had to keep its course and speed. The Silverfast did not follow this requirement as it increased its speed from 15.8 knots to 17.5 knots.

Given the crossing courses of the ships, there was a risk of collision as referred to in r 7 ff of the COLREGs. This means: (i) a collision risk had to be assumed on board both ships (r 7(a) and (d)); (ii) an alteration of speed or course to avoid collision should have been large enough to be so readily apparent that the other ship could have properly observed it (r 8 (b)); (iii) if necessary to avoid a collision, a ship shall slacken its speed, stop its engines or reverse them (r 8(e)). Shortly before the collision, the Stolt Shearwater misjudged the situation and did not follow the aforementioned rules by not reducing speed and by only gradually changing her course. The Stolt Shearwater wrongly assumed that the Silverfast had to give way.

On board the Silverfast the rules were complied with in the end. The speed was reduced from 17.5 knots to 7.5 knots and this was confirmed to the Stolt Shearwater over the VHF. The Silverfast hasd also made a clear course manoeuvre to port in a final attempt to prevent a collision. Both ships were to blame for the collision within the meaning of art 4 of the Collision Convention 1910. The apportionment of blame is 2:1 to the detriment of the Stolt Shearwater.

The parties have chosen English law as the applicable law to the question of attribution of the loss to the collision and to the liable party. The parties are given the opportunity to express their opinion as to whether, under English law, the alleged losses are attributable to the collision, as well as to further substantiate the various losses.