Owner of North Sea collision ship seeks to set up fund for legal claims
MS Solong Schiffahrtsgesellschaft MBH & Co KG, a subsidiary of Ernst Russ, which owns the ship Solong, filed documents at the Admiralty Court in London on Wednesday, according to court records.
It follows the Portuguese-flagged vessel crashing into the anchored tanker Stena Immaculate off the East Yorkshire coast on March 10.
Rescuers saved 36 people from both ships, with one sailor from the Solong, named as Filipino national Mark Angelo Pernia, 38, missing and presumed dead.
Court records show that the 'limitation of liability' claim was filed against logistics firm Samskip MCL BV, and 'all other persons claiming or being entitled to claim loss or damage arising out of or in connection with or resulting from the collision' between the two vessels.
The records also state that a separate legal claim has been filed at the same court by Stena Bulk Marine Services USA LLC, which owns the Stena Immaculate, and Crowley-Stena Marine Solutions LLC, the maritime company managing the ship, against MS Solong Schiffahrtsgesellschaft.
No further details about that claim are currently available, with Stena Bulk having been approached for comment.
In a statement on Monday, Ernst Russ said that the company was 'seeking to face claims' and was setting up the fund for those who have 'verified claims against Solong's owner'.
A spokesperson said: 'The North Sea collision and subsequent fire that involved the container vessel Solong caused substantial damage to both vessels.
'We remain mindful of the loss of a seafarer in this incident, and such a loss felt by the family of Mark Angelo Pernia, his friends and maritime colleagues.
'It became clear to us as owners, and all those involved in the salvage operation, that Solong was critically damaged in the collision and fire, and consequently Ernst Russ has sought a port of refuge for Solong in Aberdeen, to bring her to safety, undertake expert assessment of the damage sustained and deal with damaged containers and cargo on board.
'Whilst the Solong is likely to be a total loss due to the severe damage, Ernst Russ and their insurers remain committed to the safe conclusion of this tragic incident. Ernst Russ are also very grateful to the Port of Aberdeen for accommodating the stricken vessel.
'Given the substantial damage arising from the collision, it follows that the company is setting up a fund in the Admiralty Court in London. This 'limitation fund' is then available for parties who have verified claims against Solong's owner.
'The incident occurred in territorial waters of the UK and there are interested parties and potential claimants residing in the UK, such as public authorities, hence the setting up of a fund in the UK is the most appropriate way forward.
'Owners of the Solong are seeking to face claims and ensure a fund is available for any proven claims.
'This is usual process for large maritime casualties, and the fund provides necessary security for potential claimants' claims.
'Meanwhile, Ernst Russ continues to offer all necessary assistance in support of the ongoing investigations.'
Meanwhile, the Solong's captain, Vladimir Motin, 59, of St Petersburg, Russia, appeared at the Old Bailey on March 21, charged with gross negligence manslaughter and is due to face trial in January next year.
A previous court hearing was told that the collision happened at about 9.47am on March 10, at 10.2 nautical miles from the nearest point on the coast.
The Stena Immaculate anchored at the point of the collision at 6.50pm on the previous evening, with the Solong travelling at about 15 knots when it hit the port side of the other vessel.
Stena Bulk said following the incident that 17,515 barrels of jet fuel were lost due to the collision and the subsequent fire, with the Solong still burning a week after the collision before arriving in Aberdeen on Friday.
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