Salvage law in MALTA help needed please!

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elioti

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Hi looking for some advice please r.e. salvage law in Malta if anyone knows! A friends boat has come off its mooring in the sea and drifted into rocks and saved by some locals who are now demanding money, not sure how much yet exactly :( boat is ok, but if they are not paid and am aware are about to demand a large sum , can they claim salvage rights? Boat is not insured! Some people try to take advantage rather than be helpful! Advice please.... :confused:
 
elioti said:
Hi looking for some advice please r.e. salvage law in Malta if anyone knows! A friends boat has come off its mooring in the sea and drifted into rocks and saved by some locals who are now demanding money, not sure how much yet exactly :( boat is ok, but if they are not paid and am aware are about to demand a large sum , can they claim salvage rights? Boat is not insured! Some people try to take advantage rather than be helpful! Advice please.... :confused:
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I would guess Maltese salvage law is pretty similar to English law, so they probably can claim salvage and your friend should negotiate. Your friend needs to get some advice from an Admiralty lawyer locally so he knows what is a reasonable figure. I believe that the risk taken by the salvors is a significant factor, so if they simply pulled the boat off the rocks in calm conditions they probably weren't taking much of a risk so the claim should be much lower.
 
Is salvage law international or governed by local country law. IMHO I think the advice above is correct. Salvage depends on potential loss, risk to salvers and cost to salvers.
 
Thanks....boat was left on a mooring....tied up properly and somehow breaks free.maybe genuine but there is suspicion its an attempt to get money from the owner, and as much as they can. being a foreigner, how does one deal with it not knowing the local laws! My boat is abroad, but in a marina in france, is a lesson for me, would not want to leave it on a mooring in the sea in a country i dont know much about! I see two scenarios, one, the boat broke free genuinely and the guys rescued it fair enough, but due to certain events think are going to milk the owner as much the the law may permit, or secondly, knowing the law, and the fact that the owner is away, lets the boat off the mooring, then rescues it, hey bingo, a nice claim!
 
elioti said:
Thanks....boat was left on a mooring....tied up properly and somehow breaks free.maybe genuine but there is suspicion its an attempt to get money from the owner, and as much as they can. being a foreigner, how does one deal with it not knowing the local laws! My boat is abroad, but in a marina in france, is a lesson for me, would not want to leave it on a mooring in the sea in a country i dont know much about! I see two scenarios, one, the boat broke free genuinely and the guys rescued it fair enough, but due to certain events think are going to milk the owner as much the the law may permit, or secondly, knowing the law, and the fact that the owner is away, lets the boat off the mooring, then rescues it, hey bingo, a nice claim!
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If your friend has reason to believe foul play he should contact the local police and get help securing evidence.
 
Sounds fishy, if you had recovered a boat off the rocks would you demand money? Secondly the fact that they are demanding X amount with the announced intention to demand more should they not be paid, kind of suggests an attempt to get it done with quickly and secretly. If I were your friend I would talk to the police, saying he needs some official paperwork / report numbers for an insurance claim for instance. The police will know if these characters are wide boys or have done this kind of thing before. It could be that having the police asking questions about the exact circumstances of the recovery may make them more pliable, it could be the police would be happy to lean on them for you if they've got previous. If your friend has possession of the vessel, simply sailing away is an option, I doubt any claims would follow him, certainly across national borders. BTW why no insurance!?
 
DanWash said:
Sounds fishy, if you had recovered a boat off the rocks would you demand money? Secondly the fact that they are demanding X amount with the announced intention to demand more should they not be paid, kind of suggests an attempt to get it done with quickly and secretly. If I were your friend I would talk to the police, saying he needs some official paperwork / report numbers for an insurance claim for instance. The police will know if these characters are wide boys or have done this kind of thing before. It could be that having the police asking questions about the exact circumstances of the recovery may make them more pliable, it could be the police would be happy to lean on them for you if they've got previous. If your friend has possession of the vessel, simply sailing away is an option, I doubt any claims would follow him, certainly across national borders. BTW why no insurance!?
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3rd party ????
 
Sailfree said:
Is salvage law international or governed by local country law. IMHO I think the advice above is correct. Salvage depends on potential loss, risk to salvers and cost to salvers.
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I understood, from a seminar by the RYA legal guy some years ago, that almost all countries defer to English Maritime Law, because we have more experience/history in this field.
 
He would be best served in contacting a local Admiralty lawyer who will be experienced in these matters. Check out London maritime law firms web sites for their Malta office.

A lot will depend on the value of the salved property and the effort and cost involved in returning to a place of safety.

Seaman in many cases dream of the ultimate salvage award; rather like the famed Prize Money for warships. Reality is the pay-out is less than they expect and they need to be advised by someone who knows how to explain things, else the matter gets complicated.

The police are unlikely to be able to assist you directly but with the correct lawyer pushing the buttons it will be easier and cheaper in the long run. It will still be expensive since Admiralty lawyers are specialist and experienced.
 
may be worth having a chat with the local harbour authority, they seem to have a lot of say in these matters in places around the Med.
 
Unless salvage costs negotiated beforehand then a rule of thumb is about 1/3 of the value of the vessel and any cargo she may be carrying. However I think its worth negotiating as the salvors in this case are unlikely to be fully aware of salvage law. You might find that the reality of a legal battle might scare them into a small settlement. First step is to have the incident assessed to find out what actually happened. Then assess the value of the vessel and cost of repairs which should be subtracted from the value. Play hard with them and ask questions such as did it drift of mooring or was it lifted from mooring to present false salvage claim? Demand to see evidence they salvaged it and were not the cause of the incident.
 
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You may find local laws different.for example a case like this in Turkey would not be valid if it had not been reported to the harbour athorities within 24 hours. Therefore no right right to salvage claim.
 
DanWash said:
.... If I were your friend I would talk to the police, ....
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I have read of instruments/electronics being stolen from yachts, the theft reported to local police who then asked for the instruction manuals to help identify the equipment. Equipment and instruction manuals are never seen again with a distinct impression that the police required the manuals for other reasons than identity.
 
Why would you suspect foul play? Are you 100% sure that your self laid mooring was up to scratch and non of the shackles, chain, rope etc suffered failure? My local club have had 4 boats go adrift this year for various reasons (non were sabotaged though)

Boats go walkabout all the time in all sorts of places. In Malta this is usually due to lack of maintenance of the mooring combined with pretty big storm surges when the wind gets up. Even the most sheltered of spots (Sliema creek, Msida, Spinola etc) suffer from this. What was the weather like when the boat came adrift, and what was the weather history?

Personally, I would be very happy that my uninsured boat was recovered from the rocks and make an offer to pay the lads who recovered it for their time and assistance. You may find they are quite reasonable.

If you'd rather not pay, for whatever reason, then you should contact http://www.transport.gov.mt/ports-marinas. In my experience they are very helpful and the guy I spoke to (about a different matter) was a keen yachtsman himself and very happy just to chat about boating. They are likely to give you a definitive answer. If you need a second opinion then perhaps contact a surveyor, such as John Ross (Malta Yacht surveys) who might point you in the right direction.

Best of luck, but to be honest I think you (and / or your friend) are approaching this with the wrong attitude.
 
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hi it was not a self made mooring, was purchased from someone and apparently maintained and boat was tied up well...weather has been ok, and the boat is in a bay in the sea.
Its not about not wanting to pay, initially a modest sum was agreed, then informed this was not enough, and that more is required. There are other factors to to add to this that i cannot write down now. My friends are there now so will hear soon what the outcome is. It may all end up fine, we shall see. Appreciate the replies. Thanks
 
BlowingOldBoots said:
I have read of instruments/electronics being stolen from yachts, the theft reported to local police who then asked for the instruction manuals to help identify the equipment. Equipment and instruction manuals are never seen again with a distinct impression that the police required the manuals for other reasons than identity.
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Was that your local police?
Or do you have experience with the police in Malta being corrupt?
 
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