Marine Solicitor Cambridge or anywhere

D3B

D3B

Well-Known Member
Joined
28 Nov 2004
Messages
4,371
Location
Ely, Cambs UK
www.cutting-solutions.co.uk
A friend is having some serious issues with a boatyard (Inland) and needs to seek some advise following work done by that boatyard, which he feels has not been carried out properly.

I know there is a Barrister in Dorset somewhere as I spoke to him when I had issues with my boat several years ago.

Anyone know of someone?

Thanks

Doug
 
No matter which Solicitor you use they will need a report by a "Marine Surveyor" I believe in the Legal Profession if you go to court they are classed as an "Expert Witness" and I would have that done first, because even if you get a Solicitor unless you are going to pay him to view the defective work, and he knows what he is looking at his cost per hour will be more than what a surveyor will charge.
And when the boatyard see that you are having a "Survey" they may sit up and take notice.
 
Thanks for your comments (and recommendation). I have moved now and am in "sunny" Devon but write for MBY monthly.

I do note that you have trouble in Ireland and if it is the South I can recommend someone to you.

Jim is also correct - if you have problems with the quality of work you will need some form of surveyt report. I would be happy to discuss this privately and / or point you in the right direction if you need advice in Ireland.

Best wishes in any event.

Brian
 
D3B said:
A friend is having some serious issues with a boatyard (Inland) and needs to seek some advise following work done by that boatyard, which he feels has not been carried out properly.

I know there is a Barrister in Dorset somewhere as I spoke to him when I had issues with my boat several years ago.

Anyone know of someone?

Thanks

Doug
Click to expand...


Brian Legal said:
Thanks for your comments (and recommendation). I have moved now and am in "sunny" Devon but write for MBY monthly.

I do note that you have trouble in Ireland and if it is the South I can recommend someone to you.

Jim is also correct - if you have problems with the quality of work you will need some form of surveyt report. I would be happy to discuss this privately and / or point you in the right direction if you need advice in Ireland.

Best wishes in any event.

Brian
Click to expand...

Should have gone to specsavers...:D

Cheers
Jimmy
 
According to Google search Taylor Marine stopped in 2010
Did bring to mind Tyler marine....not sure though.

Brian
Can you let me have some contact details to pass on
Afraid several posters are quite cruel but correct. Inland in UK.
 
Jim@sea said:
No matter which Solicitor you use they will need a report by a "Marine Surveyor" I believe in the Legal Profession if you go to court they are classed as an "Expert Witness" and I would have that done first, because even if you get a Solicitor unless you are going to pay him to view the defective work, and he knows what he is looking at his cost per hour will be more than what a surveyor will charge.
And when the boatyard see that you are having a "Survey" they may sit up and take notice.
Click to expand...

Quite right I'm acting for someone now as expert witness, I can pm you the legal firm I'm working for if interested.
 
Paul....et all....
Thanks.
I have been given a bit more info today.
Boat was involved in Insurance claim.
Claim ended up being a big fight.....eventually won.
Works to be carried out by boatyard plus some other slightly unrelated work.
Monies paid....
Yep.......

Work not completed and to what was done nowhere near to standard.


Paul
Contact details needed please as Brian has yet to reply other than jfm (thank you) comment


Friend is looking for guidance as to where/how he should persue......
Surveyor on site seems to be a good option but I know the boatyard are belligerant. <sp>
 
D3B said:
Paul....et all....
Thanks.
I have been given a bit more info today.
Boat was involved in Insurance claim.
Claim ended up being a big fight.....eventually won.
Works to be carried out by boatyard plus some other slightly unrelated work.
Monies paid....
Yep.......

Work not completed and to what was done nowhere near to standard.


Paul
Contact details needed please as Brian has yet to reply other than jfm (thank you) comment


Friend is looking for guidance as to where/how he should persue......
Surveyor on site seems to be a good option but I know the boatyard are belligerant. <sp>
Click to expand...

From what you say (and the devil is in the detial, which you haven't given, so I'm having to guess) what has happened is that insurers have agreed to reimburse boat-owner's repair bill but the contract for the repair works is between the boat-owner and the yard. In that case insurer's have honoured their contract and boat owner has no recourse agianst them

The insurance aspect is then a red herring. What you have here is an everyday contract for fixing a boat between a yard and a boat owner, and normal consumer protections apply. Boat owner' toolkit is to negotiate with boatyard, withhold payment, involve trading standards, deal with any lien claims (if relevant) and/or sue based on a surveyor's report confirming the bad workmanship. Everyday stuff.
 
jfm
absolutely correct.
Trouble is the boatyard has had most of the money, from my friend, to carry out the repairs and simply havent done them.
they keep telling my friend they will do it next week; will update him in few days time....
and dont do anything.
 
D3B said:
jfm
absolutely correct.
Trouble is the boatyard has had most of the money, from my friend, to carry out the repairs and simply havent done them.
they keep telling my friend they will do it next week; will update him in few days time....
and dont do anything.
Click to expand...
Urgh. The problem is that if it is not written into the contract "the dealine is xxx and time is of the essence" your friend has little recourse. English law is very unhelpful to your friend on this score I'm afraid. The "tiime is of essence" language is so important. Otherwise your friend's recourse is merely to bill the yard for his delays but the t+Cs of the yard probably remove liability somewhere in the small print and anyway the amount might be small. Tough situation to be in and I'm not aware of any magic solution to this one, now that he is where he is...
 
OK. I know nothing of the legal niceties, but an acquaintance of mine got a criminal record & a community service sentence for billing for work before it had been done. Isn't that, in effect what the yard have done? Can he not sue for his money back or complain to Police about Fraud?
 
Searush said:
OK. I know nothing of the legal niceties, but an acquaintance of mine got a criminal record & a community service sentence for billing for work before it had been done. Isn't that, in effect what the yard have done? Can he not sue for his money back or complain to Police about Fraud?
Click to expand...
That's nonsense. There must be more to your acquaintance's case than just that. People bill in advance all the time. When you (say) pay your RAC or AA subscription you're paying in advance. It's not fraud
 
Searush said:
OK. I know nothing of the legal niceties, but an acquaintance of mine got a criminal record & a community service sentence for billing for work before it had been done. Isn't that, in effect what the yard have done? Can he not sue for his money back or complain to Police about Fraud?
Click to expand...

Sounds like your friend may have billed for work he had not done(fraud?), not for work prior to being done.
 
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