On this thread Two Oil Tankers Collide and Catch Fire Near Strait of Hormuz I posted this:
Debating which rule applies is not likely to be very productive. Before a collision COLGEGS are useful for mariners to know what to expect which helps in making maneuvering decisions but not very useful after to determine the cause of an accident.
To make a decision the courts look at the relevant facts to determine the proportions of fault then apply COLREGS to justify their conclusion .
The contrast between the court case and the MAIB report of the Ever Smart / Alexandra 1 is a good example of this.
For example the term “crossing” occurs in the court case 274 times and in the MAIB report not at all. Other searches “COLREGS”, “Regulations” etc turn up similar results.
The court case is about finding legal fault and the MAIB report is about the causes.
(I edited a couple lines.)