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Andrew Arnold v Halcyon Yachts Limited (The Vlaroda) [2022] EWHC 2858 (Admlty)- weather and route pl Oct 23, 2023 5 min read This case turned on the particular facts and the characteristics of the Yacht. However, the decision reflects the potential conflicting arguments in such cases, along with how the judge approached the expert evidence adduced by the parties to support their case. Parties should consider the expert’s qualifications and experience before appointing an expert to give evidence in each case. This claim concerns a transatlantic yacht delivery from La Rochelle, France to Bear, Delaware, on the eastern seaboard of the USA. The yacht was “VLARODA”, “designed for winds that may exceed wind force 8 (Beaufort scale) and significant wave height of 4 m and above”. The yacht had sustained damage during her voyage and the claimant brought a claim for damage alleging that the crew had chosen the wrong northerly route for crossing instead of the southerly route and failed to use proper weather routing, sailing into a storm. The defendant counterclaimed sums due under the contract. The central issue in the case was how and why the damage was sustained. Expert Evidence Both the weather and routing were the subject of detailed expert evidence. The parties were given permission to rely on expert evidence in the fields of (1) navigation/weather planning and (2) marine engineering. In both fields, the court approached the weight to be given to the opinion evidence, having first examined the qualifications and experience of the experts. Regarding the marine engineering experts, neither had formal engineering qualifications. Both were highly experienced and knowledgeable. They gave evidence in a way that promoted respect and confidence in that each listened carefully to questions, did not try to avoid or deflect them, gave considered answers and made concessions where appropriate. Turning to the navigation experts, the defendant’s expert qualifications and experience we
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news Charter Party Disputes ·2023-10-23

Andrew Arnold v Halcyon Yachts Limited (The Vlaroda) [2022] EWHC 2858 (Admlty)- weather and route pl

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