Looking for lawyer recommendations

[Lomax]

Hi all,

I find myself in the unpleasant situation of having to consider taking legal action against a marina/workshop, but I'm unsure where to turn for help. Can anyone here recommend a law practice in Kent with experience of boaty matters? Grateful for suggestions!

 

[adamlang]

Hi all,

I find myself in the unpleasant situation of having to consider taking legal action against a marina/workshop, but I'm unsure where to turn for help. Can anyone here recommend a law practice in Kent with experience of boaty matters? Grateful for suggestions!

Can't really help with specific practices, but...

If the amount is less than the small claims limit of £10,000 you might do better to spend fees on an expert witness to evidence the problem. For such claims I don't think they award costs such as lawyers fees, so you could win the case but still loose out. A well written letter could encourage them to settle though.

Probably want to look for someone practising Consumer Law matters, they'll likely outsource the boaty stuff to an expert such as a surveyor, unless the matter is such that's its Admiralty law, liens and such.

Oh, and the delay for a small claims hearing is nearly a year I think, due to the covid back log.

 

[Mark-1]

+1 to Adam Lang's comment. IANAL but small claims is a doddle & risk free.

 

[dgadee]

+1 to Adam Lang's comment. IANAL but small claims is a doddle & risk free.

Yes, but it is still a court. Prepare well with documents/images/dates to prove everything you are saying. No evidence will lead the judge to ignore your point. He can hardly do anything else if you don’t make it easy/possible for him.

 

[Tranona]

Yes, but it is still a court. Prepare well with documents/images/dates to prove everything you are saying. No evidence will lead the judge to ignore your point. He can hardly do anything else if you don’t make it easy/possible for him.

Excellent advice. First thing to do is to document any attempts to resolve the issue through negotiation or arbitration showing that you are reasonable and given the other party every opportunity to correct their error. If there is dispute over a "technical" issue then make sure your expert is better than them. More important to spend money on an expert - surveyor, engineer etc as appropriate than on a lawyer who will only tell you to do exactly the same thing. Chances are, if you are right then the other side will either settle on receipt of the summons or not turn up. Unfortunately the judgement is only the first step - the challenge then is getting them to pay up.

 

[ashtead]

We know little of the matter but assuming the claim is based on negligence by the yard then as said it turns on which expert is more credible to a judge who might have little expertise in the technical aspects. That said depending on the value you will be at risk of the defendants costs and it’s highly likely a competent yard will be insured if this is basis of claim. You probably need to think careful about whether you have the funds for any litigation compared to damages claimed-it’s easy to get into litigation but sometimes hard to get out. I don’t know why you particularly want a firm in Kent but if you are located there you might be best placed to ask your accountant for views or someone else you trust locally. Without knowing the quantum or matter it’s hard to suggest a firm though as different firms have different skills in summary and we don’t know the budget you wish to invest really.

 

[CM74]

It might be worth checking if you have legal cover with your home/boat/car insurance, or even union membership
Even if it's just a consultation over the phone it can give you an idea of likely coasts, chances of success and what direction to go in.
And echoing some of the comments above, an expert opinion or inspection depending on what it is would count for a lot.

 

[Bajansailor]

@Lomax are you at liberty to elaborate a bit more as to why you are not happy with the marina / workshop?

Have they done a job for you which has not met your expectation, or have they damaged something through their negligence, or....... ??

If appropriate, have you already asked a marine surveyor to investigate the matter on your behalf?

 

[Scapa86]

COVID delays mean you will be waiting 3yrs +. Emphasis and priority is on the thousands of inmates in HMPs throughout the UK currently on remand due to the first two lockdowns. Millions is being pumped into the criminal courts and civil disputes will be waiting longer as a result. And yes, I’m a practising solicitor.

 

[adamlang]

COVID delays mean you will be waiting 3yrs +.

That's interesting. The stats (published yesterday) show about 51 weeks to a first hearing in the small claims court, is that a nonsense and then it's two years for a judgement/ enforcement?

HMCTS management information - September 2021

I guess for the OP a lot might depend on whether he has paid the yard yet, maybe it's them who would take him to court, and he can just defend himself. Loosing use of the boat might be the biggest concern over such a long period, depending on what's happened.

 

[Daydream believer]

. And yes, I’m a practising solicitor.

You should get on well, here then
Over the years this forum has been great for members attempting to practise their legal skills .
On a serious note:-
If one is a member of the RYA there used to be a section whereby one could use the services of a solicitor once, for free.
After that one paid if carrying on.
In 2004 I used it when a sail was made incorrectly. After a year I was getting nowhere with the supplier.
A letter from the RYA solicitor cost me nothing & the money was quickly refunded by the sailmaker
If a member of the RYA the OP could start with some free learned advice before proceeding further

 

[pandos]

You should get on well, here then
Over the years this forum has been great for members attempting to practise their legal skills .

To really get a legal thread going ..it requires an assumption of some facts not provided by the OP, a misunderstanding of the law , and ideally an opportunity to attack any real lawyer who dares to throw in his six pence worth......??this is all helped if the OP fails to correct errors made by those who have only read some of the thread and take on the false assumptions....?? (Edited to add more ??)

 

[Jim@sea]

Hi all,

I find myself in the unpleasant situation of having to consider taking legal action against a marina/workshop, but I'm unsure where to turn for help. Can anyone here recommend a law practice in Kent with experience of boaty matters? Grateful for suggestions!

It has been my limited experience ( won 6 lost 2) that to win at the small claims court you need an Expert Witness. Assuming that the boatyard has either been negligent or something has occurred which has cost you money the evidence of an Expert Witness will help persuade the Magistrate in your favour (hopefully) I would initially suggest asking a Yacht Surveyor to look at what has occurred and write a report confirming that whatever has occurred should not have happened. Then get a quote from another boat yard for the cost confirming what you are claiming at court.
I believe the expression is Quantifying your Loss.
Once you have the Surveyors report and an estimate for rectification I would then go to a Solicitor, (Dont the RYA have a list of recommended solicitors) get him to write to the Boatyard and say you have a claim for £xxxx and that you have surveys and costings done and give them a month (?) to compensate you or the matter will be moved to the High Court,
Good Luck.

 

[PCUK]

I have had success in the past by filling out the small claims form and sending a copy to the defendants saying that the form will be lodged with the court unless the matter is settled in seven days. Worth a try as a first step. Then if necessary send the form as previously recommended.

 

[Mark-1]

I have had success in the past by filling out the small claims form and sending a copy to the defendants saying that the form will be lodged with the court unless the matter is settled in seven days. Worth a try as a first step. Then if necessary send the form as previously recommended.

That was how my one and only use of the SCC worked out. Sight of the form indicated to the other party how simple it would be to peruse them and they paid up the same day.

 

[Moodysailor]

I've been involved in legal action once on the side of the company. I'd advise going the small claims court, and don't post any specifics on any public forum until it is resolved.

As to how I come to that conclusion - the former was a case that we were in the right, but as a business had to cover our own costs and the small claims definitely seems to favour the individual over a business. So if the roles were reversed, I'd go that route. As for the latter piece of advice, I just think that is sensible until it's all resolved. You don't want any possibility of conflict.

 

[MikeCC]

The court will also be interested in what reasonable steps both parties took to resolve the matter before a Small Claims submission. If there's an opportunity for 'one more try', it's probably worth it.