Expert defence for a practical resolution

March 18th, 2021

Our client had owned a small sailing yacht for a number of years and sold it to a German National, who did not have a survey during the purchase process.

A year later the new owner claimed the vessel had been sold with significant defects. The claim was denied but proceedings were issued while our client was abroad and a default judgment for £80,000 was obtained against them. 

At this point, we were instructed and successfully had the default judgment set aside. We instructed expert surveyors to inspect the vessel in Germany once travel restrictions allowed.  As a result of the inspection and the resultant report and valuation, we were able to file a detailed defence and ultimately enter into negotiations to secure commercial settlement to all parties’ satisfaction, and in sums considerably lower than those initially sought.

As our client was abroad sailing his yacht for much of the period, which left much of the arrangements, negotiations and instruction in our hands. Our specific expertise enabled us to readily identify the key matters in dispute, and employ appropriate expert evidence to challenge detailed German Expert opinion, so enabling practical and swift resolution of the litigation to all parties’ benefit.