By Brass from “The Room”
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 a written protest, decided it is valid, and have heard both parties and witnesses.
You have listed Facts Found and the protest committee members have agreed to endorse the attached diagram.
- Tokyo Topgun and Ulaanbaatar Underdog were running on starboard tack close to the shore against a strong ebb tide in a Force 3 breeze.
- Tokyo Topgun was not more than half a hull length clear ahead of Ulaanbaatar Underdog.
- Ulaanbaatar Underdog blanketed Tokyo Topgun, causing Tokyo Topgun to gybe unintentionally.
- There was contact immediately after Tokyo Topgun gybed.
- There was no injury or damage.
- Ulaanbaatar Underdog protested Tokyo Topgun under rule 10, with timely flag and hail.
Protest Committee's Assessment of the Evidence
Your fellow protest committee members agree that Ulaanbaatar Underdog caused both Tokyo Topgun's gybe and the contact by not keeping clear when both boats were on the same tack
Write Conclusions and Rules Applicable, and the Decision for this protest.
Please post your effort on LTW, for us all to share and learn. Don't be shy.