These proceedings concerned a claim made for the liquidation of damages following a collision involving three vessels. The case was instituted by Jeroen Frech, the master of the yacht L’ Illiade, on behalf of the owners, Ilios Ltd, against the defendant vessel MV Elinor TH.  Subsequently, the plaintiffs’ insurers, SAM Pantenius Monaco, took over the case.

L’Illiade was moored alongside next to a floating steel pontoon where it was undergoing repair works. On its stern side it had the defendant vessel, MV Elinor TH, whilst on its portside a motor vessel, Ocean Lynx.

When the defendant vessel MV Elinor TH was manoeuvring out of its berth, it was heavily affected by the strong wind, collided with the L’Illiade, which in turn hit the Ocean Lynx. Later on, it transpired that MV Elinor TH had suffered a malfunction in its bow thruster which proceeded to push the vessel’s starboard side against the portside of L’Illiade.  

During the proceedings, an issue arose relating to the proper documentation including those proving ownership. At the time, the vessel was flying the Bermuda flag and registered in the name of Malta Shipping Ltd.

The Court reviewed the relevant provisions under SOLAS Convention, the Loadline Convention as well as under MARPOL, to determine whether the MV Elinor TH had the proper statutory certificates required under the said Conventions to be able to set sail.

The owner claimed that the vessel was classed by American Columbus. The vessel also had a Seaworthiness Certificate, Certificate of Registry and a Cargo Ship Radio Certificate. Furthermore, the Certificate of Registry accordingly describes MV Elinor TH as a ‘Mothership for Submersibles’, with Gross Tonnage of 959 and with a LOA of 47.96m, where within the limits of these parameters in these certificates it was in line with the aforementioned Conventions.

However, the IACS monthly report of the vessels class which have been withdrawn dated December 2005 listed the vessel MV Elinor TH as  having its 'class withdrawn’ and thus out of class.

Held: The Court determined that the aforementioned American Columbus is not a Classification Society per se, but a company or survey bureau, which carries out condition surveys for insurance companies.

Furthermore, the Court noted that no evidence was brought to show the vessel had the necessary certification under SOLAS – namely a Cargo Ship Safety Construction Certificate, a Cargo Ship Safety Equipment Certificate, a Cargo Radio Certificate, or a Loadline certificate or any certification under MARPOL.

The Court stated that generally the abovementioned certificates are issued by classification societies on behalf of the respective Flag State, a power which the American Columbus is not bestowed with as it had no authority to do so for the Bermuda flag. Moreover, the Court held that a vessel described a ‘Mothership for Submersibles’ is not exempted from inspection or proper certification as provided under these Conventions in order for it to sail. The Court concluded that MV Elinor TH therefore did not hold the required certificates to sail. After also examining the merits, the Court concluded that the defendant vessel was solely responsible for the damages caused and proceeded to liquidate the damages in favour of the plaintiff.