Monday, 23 February 2009

Fact Finding Friday

from "The Room" by Brass.

Starting on 27th of February, LTW's overseas correspondent Brass, will burn the midnight oil to bring you practical protest cases to sharpen your writing skills, and help you practice particularly in the lead-up to Regional, National or International Judges examinations. We'll try to run this over about 15 weeks.

Brass will present situations in various ways to provide practice in diagramming and writing facts found, conclusions and decisions.

Then you can post your solution on LTW and see what others think.

Right or wrong, complete or incomplete, correct wording or much to elaborate; You can comment on it all.

Brass is eager to start and has his pencils sharpened...... how about you?


    1. The protest is valid.
    2. Approaching the windward mark to be rounded to port ORANGE was close hauled on port tack; PURPLE was close hauled on starboard tack and was fetching the mark.
    3. About two boats lengths apart and on a collision course ORANGE hailed for "mark room" and PURPLE responded by hailing "starboard boat fetching the mark".
    4. ORANGE commenced her tack onto the starboard layline about one boat length from PURPLE.
    5. While ORANGE was tacking PURPLE was forced to alter course above close hauled to avoid immediate contact with ORANGE.
    6. There was no contact.

    ORANGE was not entitled to mark room as rule 18 does not apply between boats on opposite tacks on a beat to windward.

    While tacking ORANGE failed to keep clear of PURPLE who was the starboard tack, right of way boat.

    PURPLE took reasonable action to avoid contact with ORANGE when it became clear that ORANGE was not keeping clear.

    Rules 13, 14, 18.1.

    ORANGE is to be scored DSQ.

    1. Mistake not rule 13,14,18.1 but 18.3 Orange have a right

  2. Hey, Good to see you, but I'm supposed to be writing the fiction in this series. It's not Friday yet.

  3. I don't get it. Did we start?

  4. How about you give the Royal Snooty Nose problem a try while you're waiting?

  5. Do you need to make a "fact found" that orange did not take penalty turn(s) ?

  6. Gondy,

    Terrific layout and structure.

    I hope everyone responding to the problems does likewise.

  7. I don't think finding as a fact that a boat did not take penalty turns (or another penalty) is necessary, if the boat never alleged that fact in defending the protest.

    The Olympic protests, here:

    usually made such a finding, but I cannot see that it adds any value.

  8. Jos and Brass

    Having just written the exam recently, I know that I did not pass all of the parts , but I think 2 of the 3. Will to join the group.

    One word of interest is know the rule frontwards and backwards, and start writing. I found with the computer is was just to easy to get into a rhythm when answering questions. Different when writing them.

    Fort Saskatchewan

  9. hello,
    may I add the following to the facts found from Gondy:

    Doesn't rule 18.3 kick in as soon as Orange changes her tack, e.g. was passing HTW? And as there was no contact, the rules broken were just 13 and 18.3(a)? IMHO a boat cann't break rule 18.1.

    I also think that Orange hadn't reached HTW when Blue started to luff to avoid her. In this case Orange broke rule 10 in first place.


  10. I agree that Purple changes course to avoid contact with Orange before Orange passes HTW. Orange breaks rule 10.

    I also agree that rule 18.3 applies from when Orange passes HTW. Rule 18.3 does two things:

    1) 'switches off' any entitlement Orange could have to mark-room: this is not something Orange can 'break' (any more than she can 'break rule 18.1); and

    2) creates obligations on Orange (not sail Purple above close hauled, give Purple mark-room inside) that Orange can 'break'.

    Until Orange passes HTW, rule 18.1 switches off all of rule 18, Orange breaks rule 10, and can have no exoneration.

    While Orange is passing from head to wind to close hauled on her new tack, she is subject to rule 13. While Orange is changing from HTW to close hauled, Purple cannot bear away to her course around the mark, and must remain above close hauled, so Orange breaks rule 13 and rule 18.3

    Interesting to work through rule 18.3.


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