Scenario is Boat A is on a broad reach/run on starboard having just gone around the leeward mark, Boat B is close hauled coming towards it but capsized. Boat A leaves Boat B 5 to 10m to its starboard. Boat B rights itself but before the helm gets in it capsizes ontop of him and onto Boat A.Under Rule 23, should Boat A have anticipated this and given more room?
When the capsized boat begins to right, then capsizes on the other side this is a sudden and unintended change, and I would take the view that it was not possible for the other boat to avoid, and it was not possible for either boat to avoid contact.
Added later:
If the boat that had been capsized was already upright and the possibility that it would re-capsize was obvious, I'd be looking at 10m rather than 5.
If the latter, several lengths or more away, common sense dictates that you steer so that any point on your boat (including the end of your boom or spinnaker pole) is one mast length away from the capsized boat. IMO, it's not a question or 5 or 10 meters. It's whatever the mast height is. That will be less for an Opti but more for a J105. I'm saying this not as a judge but someone that's spent lots of time racing in windy conditions (San Francisco Bay).
If it's the former (right near the mark or in the zone), I'll leave it to those better informed about the rules than I.
Did she pass head to wind during the capsize?
If so, did she reach a close-hauled course on the other board?
Incident was at least 30m away from the mark .