From “the Room” by Brass
The aim of this series is to practice judges' skills in writing Facts Found, Conclusions and Rules Applicable, and Decisions as required by rule 65.1. These are not intended to be 'difficult' rules problems: concentrate on the writing skills. You are not expected to 'discuss' the rules or the scenarios, or enter into 'what-if' considerations. I suggest you write against the clock, and include a note of your time taken when you post your answers on LTW, to compare with others.
Hearing and Evidence
You are the scribe for the protest committee of the LTW Yacht Club, which races in Port Liberty Roads. You have received the written protest as shown, decided it is valid, and have heard both parties and witnesses as shown.
You have comprehensively listed Facts Found and the protest committee members have agreed to endorse the attached diagram, helpfully provided by an IJ who was representing one of the boats at the hearing.
Legend: Blue Georgetown Gertie; Yellow Islamabad Isabel; Green Jakarta Jane; Grey Havana Hannah
- Islamabad Isabel and Jakarta Jane approached the windward mark to be rounded on port on port tack, 2 to 3 boat lengths to windward of the port tack layline, Islamabad Isabel to leeward of and overlapped with Jakarta Jane.
- Georgetown Gertie approached the windward mark on port tack about 4 boat lengths below the port tack layline, to leeward of Islamabad Isabel.
- Havana Hannah approached the windward mark, on starboard tack, one boat length to windward of the starboard tack layline and hailed 'starboard' to Georgetown Gertie.
- Georgetown Gertie tacked onto starboard in response to Havana Hannah’s hail.
- Georgetown Gertie completed her tack onto starboard clear ahead and directly in front of Havana Hannah, before reaching the zone.
- Georgetown Gertie entered the zone on Starboard Tack
- Georgetown Gertie, in tacking onto starboard, initially gave Islamabad Isabel room to keep clear.
- Georgetown Gertie sailed on starboard tack for 3 boat lengths before reaching the mark
- Georgetown Gertie, realising that a collision with Islamabad Isabel was imminent, luffed in an attempt to avoid a collision.
- Collision occurred, with both Islamabad Isabel and Jakarta Jane, both on port tack, striking Georgetown Gertie on the port side
- The bow of Jakarta Jane struck Georgetown Gertie port side, 5m forward of the stern
- The bow of Islamabad Isabel struck Georgetown Gertie port side, 1.7m forward of the stern
- Significant damage was sustained by Georgetown Gertie, and she was forced to retire.
- Neither Islamabad Isabel nor Jakarta Jane sustained significant damage
- Islamabad Isabel then passed astern of Georgetown Gertie, forcing Havana Hannah to luff sharply to avoid a collision
- There was no contact between Islamabad Isabel and Havana Hannah
- Jakarta Jane cleared herself from Georgetown Gertie, tacked onto starboard, rounded the mark and completed the course
- Islamabad Isabel tacked onto starboard, rounded the mark, executed a two turns penalty and completed the course
Write Conclusions and Rules Applicable, and the Decision for this protest. Given the Facts Found and a diagram, you should be able to polish your conclusions and decision off really quickly.
Bonus marks for identifying 'facts found' that are a) irrelevant and b) really conclusions.
Please post your effort on LTW, for us all to share and learn. Don't be shy.