Dispute Resolution

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.

 

 
   

UK Office:

PO Box 12, Fordingbridge, Hampshire, SP6 2UZ
Tel. +44 1425 655456 : Fax. +44 1425 657740
E-mail: fp@freemanandpartners.com

Palma Office:

To be announced

   

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Freeman & Partners is the trading name of Tisco Ltd. Registered in England and Wales Number 3875356 Registered Office 146 New London Road, Chelmsford Essex