CHINA Shipping Container Lines (CSCL), the owners of the 5,551-TEU Xin Xia Men, has been ordered by the British court to pay EUR1.5 million (US$2.1 million) to the Terminal Contenitori Porto Di Genoa for damage to its crane.

In June 2011, the Xin Xia Men was berthed in Genoa, discharging containers in high winds. While high winds are common in Genoa, a warning was issued for the port.

During a three minute period, winds rose from seven kilometres an hour from the north, to Force 9 winds in excess of 75 kph from the South-West, according to a newsletter published by London law firm Clyde & Co.

As a result of the sudden squall, the vessel was blown off the quay at the container terminal and impacted with the terminal's 70-metre quay crane resulting in severe damage.

The judge found that the vessel had not been taken back in a proper seamanlike way. It should have been parallel before being brought back alongside the quay, and that the re-berthing was carried out negligently.

The court further held that, even if there had been no negligence in the re-berthing, the damage would have been caused by the initial negligent mooring of the vessel and her being blown off the berth.

CSCL's case of contributory negligence was rejected as it was deemed that no further precaution could have been reasonably taken by the terminal in the time available, and the terminal was entitled to damages.