Isolated Mistake or Systemic Failure? Judicial Guidance on Unseaworthiness and Master’s Competence

It’s often said there’s a wide gulf between an isolated mistake by a mariner and the kind of systemic errors that cross the line into incompetence and seaworthiness. Others insist that gulf is really just a fine line. Wide gulf or fine line, The Happy Aras [2025] explores this area after the vessel grounded and cargo interests refused $1.2m General Average contribution, arguing the ship was unseaworthy.

After taking over the watch, the Master “cut the corner” to save distance. In the preceding watch, the OOW had not plotted the vessel’s positions, and the Master continued that omission. He then also sent the lookout below to brew tea, and missed a course alteration - a sequence that culminated in the grounding. Entries in both the Deck Log and Engine Log conflicted with AIS data, and were likely created afterwards. Cargo interests argued that this was not an isolated lapse, and the inadequate passage plan and the Master’s incompetence rendered the vessel unseaworthy ‘before or at the beginning’ of the voyage.

The court described the passage plan as basic and missing several important details, but emphasised that had it actually been followed, the grounding would not have occurred. It was therefore not causative. In assessing it against the IMO guidelines, the court held that the plan, though inadequate, did not by itself render the vessel unseaworthy.

As for the Master’s conduct, the court held that a prudent owner would not have sent the vessel to sea without first rectifying the shortcomings in his competence. This failure rendered the ship unseaworthy. The burden then shifted to the Owners to prove that they had exercised due diligence, but they produced almost no evidence to support this, relying largely on a statement that the court treated as hearsay. That was insufficient to discharge the due diligence burden, and cargo interests succeeded.

Link to judgement: https://www.bailii.org/ew/cases/EWHC/Admlty/2026/7.html

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