The key here is the very last few seconds when "S" started to round up. What did "P" do? If "P" jagged the stick and did an emergency bare away immediately after "S" changed course and a collision was still going to happen then I'd say "S" has fouled. If "P" delays by even a short time and then reacts or only a mild change of course then "P" will clearly have fouled. The devil is in the detail on this one.
As Eric says, the best thing is to avoid the situation in the first place.
Tiger Mike
Not the last few seconds. You need to consider the ability of the other boat to avoid. Yes they must react quickly, BUT they must have the ability to avoid the Stb boat. 2 seconds away from collission in this situation, there is not real way that the port boat could either bear off enough or head up quickly enough to avoid the changing course. In any kind of wind, 2 seconds is 2 to 5 boat lengths. This is not enough room.
Hence my comments above rearding the info I had from an international judge saying that "courses my be committed up to 200 yards away". The stb boat has to be REAL careful changing course when there are give-way boats around.
But as others have said, it is up to the protest ctte to document the facts and then make decisions based on these facts.
As I said to start with, IF I was the port boat I would pinch and wave the Stb boat over in front (and below) me, thus I am showing in no uncertain terms that I am avoiding in this manner and I expect them to hold their course below me. If I am on Stb, I will go below and wave them above me. Again making it clear I expect them to sail above me.
