W and L were overlapped on starboard tack beating towards the windward mark. The crew of L, who was on a trapeze, reached out and deliberately touched W's deck with a hand and intimated that W should retire. L protested W. The protest committee disqualified W under rule 11 and she appealed.

W's appeal is upheld; L is disqualified and W reinstated. Because L could sail her course with no need to take avoiding action and there was no risk of immediate contact had L changed course in either direction, W was keeping clear of L. Therefore, W did not break rule 11. The deliberate action of L's crew, which could have had no other intention than to disqualify W, broke rule 2. L is penalized for breaking rule 2, and therefore her score is changed to ‘Disqualification that is not excludable’.

GBR 1971/6