With the recent dramatic passing of Storm Imogen it was interesting to note at least two large cruisers firmly wedged against the high water springs point in Bosham Channel a couple of days back indicating either that their mooring had parted or that they had dragged their ground tackle such was the strength of the wind even in the comparative shelter of Chichester Harbour. Fortunately both were promptly retrieved on the next tide, hopefully without damage.
It is always worth having regard to your insurance policy before you decide to either put a boat out on a mooring early in the Season (or leave it on the mooring over the winter period) as many policies will contain specific restrictions on the period for which a vessel can be left on exposed moorings. Generally speaking, if the policy says you shouldn’t, then any unfortunate owner who suffers a loss is likely to find himself uninsured in those circumstances.
More difficult question of course relates to the failure of the ground tackle. Insurers have a tendency to question the strength and the maintenance of any tackle which has failed in those circumstances, and often the evidence of failure to maintain it is the simple fact that the tackle failed! The only way of then essentially challenging that assertion is to demonstrate a recent professional inspection, and even that will not necessarily be accepted as evidence of specific maintenance to the high standards required.
The golden rule is therefore if you are leaving your boat on a mooring, make sure that you can be entirely confident that the mooring will take the load, that the vessels cleats are up to the task of taking 65 knots on the bow, but most important of all, that Insurers have specifically accepted the added risk of the vessel remaining on the mooring over the winter period (even if that means the additional premium has to be paid).
For specialist marine legal advice please contact the Marine Law team here at Verisona Law.
Tim is a Director and Head of the Marine at Verisona Law. Tim specialises in marine and admiralty law particularly in relation to pleasure vessels and is recognised as one of the foremost experts in the field, addressing a vast range of issues from contractual to technical, via the statutory and occasionally bizarre.
Practising internationally, Tim represents owners, insurers, boatyards and high profile marine organisations, as well as those buying or selling their boats.
Tim is regarded as one of the foremost marine lawyers in the UK, serving a client base ranging from leading industry names and marine institutions to private individuals and clubs.
In recent years Tim has been instructed in projects and cases ranging from the multi million acquisition and full restoration of large well known classic sailing and motor yachts, the pre purchase verification of Dunkirk Little ships participation in Operation Dynamo through contemporary records, through to the establishment and protection of ancient manorial rights of mooring, as well as the sale, purchase, management and provision of business support to a wide range of marine business ranging from large shipyards down to small chandleries.
Tim is also a Leading Individual in the prestigious Legal 500 guide 2019.
"A great negotiator."
"Provides superb service, interacts well with clients and fights their corner with determination."
“Sensationally helpful and extremely practical.”
“Worth every penny!! Thank you.”
After working for brief periods as a boat builder, yacht chandler and professional sailor, Tim went on to study Admiralty Law at the University of Wales in Cardiff where he obtained his law degree. Tim is a member of the Royal Yachting Association and the British Marine Federation.
Brought up in a boat building family, both in Bosham and Auckland, Tim worked in various boat yards whilst studying marine engineering before attending Cardiff University to study Admiralty Law, specialising in law relating to small, unregistered vessels.
Since then, he has raced yachts and dinghies in the UK and abroad as well as cruising extensively. He has designed and built a number of small crafts and motorboats.
Tim has written extensively in both the leisure and marine trade press, as well as regularly speaking on the subject, where his practical informed yet light-hearted approach is always well received. He is a keen member of a number of marine associated clubs and organisations, and has recently been admitted as a member to the executive committee of British Marine Federation (South).
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