Arnold vs Halcyon Yachts Limited

This case concerned a dispute between Andrew Arnold and Halcyon Yachts Limited over the alleged negligence in the delivery of a yacht from France to the USA.

TLDR:

• Andrew Arnold sued Halcyon Yachts Limited for negligence in delivering his yacht.
• The yacht sustained damage, leading to the crew's decision to turn back to the Azores.
• The court examined whether the damage was due to crew negligence or manufacturing defects.
• The court found no breach of duty by Halcyon Yachts and attributed the damage to manufacturing defects.
• Halcyon Yachts' counterclaim for unpaid fees was upheld.

The claimant, Andrew Arnold, a private individual residing in the USA, purchased a new yacht, VLARODA, and contracted Halcyon Yachts Limited to deliver it from La Rochelle, France, to Bear, Delaware, USA. The yacht was a Bavaria-Nautitech Open 46, categorized as a Category A Yacht, designed for severe weather conditions.

The yacht departed La Rochelle on 13 November 2017, with a professional crew led by skipper Paul Walton. The intended route was via La Coruna, Spain, the Azores, Bermuda, and finally the USA. However, after departing from Ponta Delgada in the Azores on 27 November 2017, the yacht encountered several defects, leading the crew to return to the Azores.

The claimant argued that the crew's decision to turn back was due to negligence and poor weather routing. The defendant contended that the defects were due to manufacturing issues and not the crew's fault. The court examined the evidence, including expert testimonies on navigation, weather planning, and marine engineering.

The court found that the planning and execution of the voyage were carried out with reasonable care and skill. The defects encountered were attributed to manufacturing faults rather than crew negligence. The decision to turn back was deemed seamanlike and justified given the circumstances.

The court dismissed the claimant's allegations of negligence and upheld the defendant's counterclaim for unpaid fees and expenses.

Legal representatives: Mr. Tom Nixon (instructed by Howard Kennedy LLP) for the claimant, Mr. Patrick Dunn-Walsh (instructed by Thomas Miller Law) for the defendant.

Judicial Panel: Mr Admiralty Registrar Davison

Case Citation Reference: [2022] EWHC 2858 (Admlty)