With over 30 years’ experience working with and representing harbour marinas, Tim Reynolds is calling for a new approach to address unprecedented change in the marine leisure sector in order to protect its future.
The director of a yacht management company responsible for 'Cheeki Rafiki' has been cleared of the manslaughter of four men who died when their vessel capsized in the Atlantic.
Recent publicity of the court case earlier this year concerning responsibility for tragic capsizing of the ‘Cheeki Rafiki’ sent a stir through the marine industry and created heightened awareness of the inherent risks of vessels with defective keels. As a result, Verisona Law’s legal specialist, Tim Reynolds, is acting for an increasing number of clients who have discovered problems with their yacht keels.
The Marine Accident Investigation Branch has just released the most recent report relating to a Carbon Monoxide Poisoning event. On this occasion it relates to the death of a couple and their dog on board a small modern American Sports Cruiser at Roxham in 2016. The Report and Conclusions have been read against the context of a further fatality occurring to the owner of a cabin cruiser which occurred in similar circumstances at Cardiff Yacht Club some 5 months later.
The use of pilots, independent skilled master mariners with specific practical and personal local knowledge, to assist and advising a vessel’s Master in ensuring a safe passage of a vessel within the area in which the Pilot operates is now a statutory requirement for most ports, but derives from a very old and widely established custom, which has saved countless lives and vessels over the years.
With one-off new builds currently in the doldrums due to the current economic climate, and a steady stream of hitherto copper bottom manufacturers getting into financial difficulties, one consequence has been that the remaining concerned would be purchasers, ever more mindful of the financial risks of commissioning a new build, even if stock craft, have been seeking expert legal advice with a view to creating bespoke contracts which protect their interests by minimising their financial exposure.
The cost of securing accessible accommodation in London has now become so prohibitive that many people are now looking at innovative alternative solutions. One of the traditional alternatives has long been the use of a barge or other relatively spacious vessels, permanently moored alongside one of Thames many Wharfs. The problem is that those have become increasingly rare (as Wharf Operators have tended to go in for other more profitable operations for their plots) and there is consequently an extremely limited range of suitable live alongside mooring arrangements in the lower reaches of the Thames. Those who are able to acquire a vessel with a permanent right to moor in such areas are extremely fortunate, but the values that they pay reflect the scarcity of such opportunities. If you are therefore fortunate enough to find yourself able to look at such an option, then it obvious pays to focus attention on precisely what mooring arrangement is available to you, and the security of tenure on the site. Simply put, a good site effectively now represents a significant proportion of the value of the purchase, and whilst it is difficult to put a figure, some vessels that come complete with such moorings, are probably worth a fraction of the value of the mooring option itself.
Purchase paperwork comes in many forms, but principally we are all used to the British Marine Federation standard form document and the Mediterranean Yacht Brokers Association version.
Over the last 40 years there has been a quiet revolution in the manner in which most Yards and Marina transport and store vessels. Whilst there remain a small number of Yards still using traditional marine railways, tractor/bomb trolley combinations, affording owners the choice of either a mud berth or inside or outside storage in a draughty shed, ever more options are now presented as to how and where boats are to be stored in the off season, and with those options, a bewildering variety of specialist vehicles have been introduced to achieve the task.
10% deposits are continuing to be demanded as the norm on most transactions, and few purchasers appear to be looking carefully at the wording of the purchase contract to ascertain who exactly they are paying the money to, where it is being held, and in what circumstances it is capable of being forfeited or refunded.