Unity Ship Group S.A. v Euroins Insurance JSC (“The Happy Aras”) (Admiralty Registrar Davison)

General Average – Seaworthiness and due diligence

The HAPPY ARAS grounded on the Datca Peninsula in Turkey. Owners declared general average. Cargo interests pleaded that the vessel was unseaworthy on the ground of incompetence of the crew, specifically the Master.

The court held that the Master was incompetent because his failings had been so numerous and egregious as to amount to a “complete dereliction of duty”. The court further held that the owners had not discharged their due diligence obligations. Hence, the claim for general average failed.

Cargo interests’ separate argument that the passage plan was defective and that the vessel was unseaworthy on this ground failed. The passage plan was open to criticism. But none of the defects was causative of the grounding.

The full Judgment under the neutral citation number [2026] EWHC 7 (Admlty) can be found on the National Archives website (external link).