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 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.
1. Xanadu Xylophonist and Zagreb Zitherplayer were sailing close hauled on starboard tack towards a shoreline, ending in a point that was a mark of the course to be left to port.
2. Xanadu Xylophonist was to leeward and advanced on Zagreb Zitherplayer.
3. Zagreb Zitherplayer was fetching the point.
4. Xanadu Xylophonist hailed for water to tack and clear the point. Receiving no response from Zagreb Zitherplayer, Xanadu Xylophonist repeated her hail.
5. Zagreb Zitherplayer replied 'Fetching' and did not change course.
6. Xanadu Xylophonist hailed 'protest' and displayed a red flag.
7. Xanadu Xylophonist eased her sails then luffed head to wind to loose speed, then tacked behind Zagreb Zitherplayer.
8. Zagreb Zitherplayer fetched the point.
Protest Committee's Assessment of the Evidence
Your fellow protest committee members agree that safety required Xanadu Xylophonist to make a substantial course change to avoid the obstruction and that Zagreb Zitherplayer made no other hail.
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.
(This post was originally planned for Friday the 15th of May, but due to me being unable to get online it got sidetracked…. Original scheduling will resume (hopefully) on the 22th.)