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Disputes about yachts and boats, particularly those between boat
owners and the marine industry often arise because of a discrepancy
between expectation and reality. What starts as a complaint can
easily become a dispute and even the subject of rejection if it
is not dealt with quickly, efficiently and sympathetically.
Any supplier will understandably be reluctant to admit or accept
that there are deficiencies in the product or service. The customer
who may be quite unable to define his grievance accurately will
quickly become frustrated by perceived denial.
Both parties need an independent proportionate assessment of the
subject matter. If both parties appoint an expert they each receive
an expert report at considerable cost with little likelihood of
consensus. Further time and money will be expended before the two
experts are persuaded to meet and resolve the differences between
them to the best of their ability.
The alternative is the appointment of a single joint advisor (expert).
This can be done at any time irrespective of whether one party has
already taken some expert advice. The appointment of a single joint
expert can have numerous advantages.
The choice of expert has to be agreed by the parties thereby improving
the likelihood that a suitably qualified expert is selected.
The
instructions to the expert have to be agreed between the parties
thereby ensuring that the expert considers all the factors considered
relevant by both or more parties.
The
expert is genuinely independent with no more loyalty to one party
than another.
If
the expert finds facts that he considers relevant but outside the
scope of his instructions, he will seek directions from the parties.
One
report is received by the parties which is credible to all of them
and has a good prospect of promoting a negotiated settlement.
In
the event that litigation is unavoidable neither party is obliged
to proceed with the joint expert but the courts requirement for
proportionality will have been fulfilled.
If
you have a complaint regarding a yacht or boat or if you have received
a complaint and consider that it may be appropriate to agree to
the appointment of a single joint expert do not contact us until
you have communicated the proposal to the other parties or your
legal advisor if you have already sought advice.
Any party can propose the appointment of a joint expert at any time.
If the parties agree the appointment in principle they can then
proceed with the selection of an appropriate expert. Advice on selection
is available from a number of sources but would commonly involve
the production and exchange of short lists of potential appointee’s.
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