In 1985 the steam tug Cervia was leant to the East Kent Maritime Trust, a legal agreement was drawn up to the effect that they would be responsible for fully restoring and subsequently looking after her.In 1986 they were granted a Manpower Services Commission project to restore her and restoration work started, unfortunately Manpower Services ceased to be.
In 1996 Cervia’s steam engine was restored to full working order, things were looking good at that time and we visited her on numerous occasions, something my children enjoyed a lot.
Then about 10 years ago something went wrong and the trust seem to lose interest in the Cervia, which is now in a bad state due to neglect and the dry dock, which leaks badly during spring tides.
In 2005 the EKMT commissioned a report on the way forward for two major heritage assets in its care - namely Smeaton's Dry Dock and the steam tug "Cervia". The report's conclusions were that an achievable joint restoration project should be put together with a possibility of securing funding from a number of sources including the Heritage Lottery Fund, the European Regional Development Fund, other E.U. grants and private sources. This would be of benefit not only to the ship and the dock but also serve to revitalise the Ramsgate Maritime Museum and increase its visitor numbers.
They seem to be much better at commissioning reports that they don’t act on than doing anything to preserve our maritime heritage.
The owner of the Cervia tried to get the trustees of the trust meet with him on numerous occasions, in order to come up with a plan for dealing with the problem, they however declined.
So now in desperation the owner is taking the trustees to court, the court case is on the 3rd December and will be a very costly matter for all involved.
The owner of the Cervia is prepared to drop the legal action if the trustees will meet with him and sort out a viable plan of action for the Cervia, as the cost of restoring the Cervia would probably be in the order of £2,000,000 and according to the legal advice I have sought the trustees, past and present could be liable to pay this, it would seem to be a sensible course of action.
If only a small proportion of the money that will be wasted on legal fees is spent on getting the Cervia onto the slipway and assessed this would surely be much better.
As an example of how bad things have got click here for some recent pictures the trust have disconnected the electrical supply for the bilge pump, so there it is probable that the Cervia will sink were she is, adding considerably to the costs.
Having written to the trustees myself last week, suggesting that there could be a more sensible way out of this, I was quite surprised not to get any response either and can understand the owner’s frustration.
The leaking dry dock
You are a stalwart Michael.
ReplyDeleteThe way I read Charity Commission site was that, unless Trustees were replaced with Trustees to maintain the number, then in spite of resignation they retain unlimited liability.
If you remember it was me who pointed out that Bill Hayton's name disappeared from the Charity Commission website trustee list I think on the day EKMT held its public meeting and failed to produce accounts for the past three or more years.
In my view the acounts sent out now (and posted on Tony's blog) may have an anomaly. There appears to have been a legacy over quarter of a million which may be bound by legacy terms. So the idea of half inching the legacy as EKMT assets towards Cervia damages may be (and should be) fraught with difficulty.
If Bill Hayton is heading off to his solicitors over the EKMT trustee liability matter perhaps he should mention to his lawyer that he is also named in a Common Law Information of Treason laid before Maidstone Justices of the Peace.
I can just picture a bright spark Thanet brief now in my mins eye:
"Bill that is how to get out of the Cervia claim mate. Plead guilty to Treason and go to prison for life."
Billy Hayton. Like marmite that lad.
Michael, At the last EKMT open public meeting the EKMT stated that on December 3rd the owner of the Cervia and the EKMT will be going to mediation over the Cervia.
ReplyDeleteThis was the only statement made at the meeting regarding the Cervia because of the pending litigation. Those of us that were present were told the EKMT could not discuss the Cervia, which probably explains why you have received no reply.
Michael,
ReplyDeleteYou are either brave or foolish, possibly both, stepping into the middle of a legal dispute with a very one sided account of the Cervia affair.
I am no defender of the EKMT, but your publication of this account (by the way, did you mean that you had obtained legal advice, or that the litigant had?) just a few days before mediation is not helpful.
Of course, EKMT are not commenting, I'm surprised that your source is not doing likewise.
I will not comment further for obvious reasons except to say that Tony is quite correct.
David
ReplyDeletePerhaps it is you who is foolish ?
You have commented alleging that Michael's is a very one sided account.
As I understand it, taking into account what you have written, the Civil Procedure Rules require that Mediation be examined prior to seeking access to Court to settle a dispute.
If either party refuses mediation then that can reflect upon the later awards of costs in the action. Even if a party wins the cause, if they refused mediation, they can have the costs of both parties awarded against them.
Mediation is not litigation. The High Court mediator cannot issue judgement. His role is to examine if agreement can be reached and drawn up between the parties.
The people of Margate in particular and Thanet in general have a legitimate interest in this.
It may be the case that a legacy was made in a year for which EKMT have not provided copies of accounts to properly interested parties (such as Beachcomber)
If this is the situation then surely if the terms of such a legacy were that the money was entrusted to the furtherance of a museum facility for the people of Margate then it must be ring fenced to that end and not absorbed into Cervia damages or costs ?
It is open to any properly interested person to send a submission to the mediator or to the High Court if the action proceeds.
But people cannot avail that right if the process of High Court mediation is kept from their knowledge.
A quarter of a million issuing forth to the next generation of people providing a museum service would not go amiss ?
You also failed to decalare your interest in that you sat on the Standards Cttee that exempted Hayton from inquiry before and you know that you sat whilst Cllr Neville Hudson withheld the case file from the cttee.
So it ill befits you of all people to seek to take the moral high ground, in a matter of the administration of justice, over the redoubtable Michael Child.
Sorry to do this on your blog Michael but I better put belt braces and a tight waistband to what I just wrote.
ReplyDeleteAt the time I submitted a case to the European Court of Human Rights some years ago I wrote to every party named as part of ensuring I had exhausted domestic remedy.
Home Office, Suffolk Police, Kent Police etc
But the only party to reply disputing my word was Thanet Council solicitor Mr BORLEY.
It was a detail but he disputed it. He stated that the Standards Cttee had not seen photos of unlawful firing and unlawful earthworks at the 6th Thanet Gun Range.
The photos were in the appendices of my complaint report.
It emerged that this report had not been given to the Standards Cttee considering my complaints against HAYTON (who we know phoned various people seeking to dissuade their evidence to police and TDC re that gun range) and a planning officer MACE (who changed his story about having heard machine gun fire from that range after allegedly being given suitable advice)
The FACTS emerged. The file was withheld. HUDSON and NICHOLSON knowing this had moved to full council the endorsement of the misled Standards Cttee decision.
IE I alleged that Full Council was misled.
The position of TDC solicitor Mr BORLEY bedcame that he wold have to speak with HUDSON but that he felt the decision would have been the same even if the case file had been considered.
That is simply not acceptable. BORLEY is a paid servant of the council and I do not accept his retrospective opinions of convenience as a substitute for elected councillors taking a proper decision at law.
Cllr GREEN is aware of all this.
So for you Cllr GREEN to be preaching, about proper procedure concerning process of law, is vomit making.
You were involved in letting HAYTON off the hook in the 6th Thanet matters and now you are lecturing people to keep quiet whilst an unpublicised mediation takes place in another Hayton related matter.
I think Thanet people should question how a hundred grand per year of their money for quarter of a century was used.
They should question whether the people of Margate have a right to a ring fenced quarter million legacy to provide them a museum facility in perpetuity.
I also wonder if it is the case that there was a legacy bound by conditions that if it is directed other than to its entrusted purpose that would be a Theft Act Offence ?
What is wrong with the people knowing. You might resent speculation. But the very reason for speculation is the culture of secrecy and underhandedness.
OK
ReplyDeleteI just got off the phone to the case officer at Charity Commission for the open case there re East Kent Maritime Trust.
They were unaware of a date set for mediation.
And are unware of the accounts situation since none for the last three years have been submitted.
They will be trying to contact trustees today and I have asked that Charity Commission consider instructing representation for the mediation process.
I asked the case officer to determine the facts re alleged legacy and to determine if such a legacy was made whether there are bequeathing conditions which would empower the Charity Commission to apply to Court to take the quarter million into trust to be held available to a registered charity who might set up to further the provision of a museum service for Margate.
ReplyDeleteI can do no more.
David I am trying to trade in Ramsgate under an adverse economic climate, the last remaining leisure facility The Maritime Museum is closed, although still partially staffed, there would seem to be no reason why the volunteers couldn’t keep it open with free entry.
ReplyDeleteThe East Kent Maritime Trust was responsible for three significant historic vessels that I know of, one left to rot in the dry dock until it was chopped up for firewood at considerable expense, one sitting rotting out of the water while the elements take their toll on it and the Cervia which is the last remaining ocean going steam tug.
The level of neglect is such that the Cervia’s bilge pump has now been disconnected, something that could add many thousands of pounds to whatever solution is eventually resorted to. It was this that finally broke the camels back and caused me to comment on this issue.
Now my intention here is to point out that an alternative to expensive litigation is to divert some of the money that would have gone into the lawyers pockets to resolving the actual problem.
No matter what the outcome of any litigation the Cervia cannot be left where she is to sink, so at some point any necessary dredging work will have to be done, so that she can be towed from where she is then she will have to be slipped and her condition assessed.
The money to do this will most probably come either from the trusts coffers or the harbour management will have to do it.
She is no small vessel that could be chopped up where she is and frankly no one knows how good or bad the state of her hull is, however any emergency repairs could be done on the slipway in Ramsgate.
These old riveted hulls on tugs are very tough indeed so her condition under the water may not be that bad, however because she is the last remaining ocean going steam tug that makes her an historic vessel of national importance, so lottery or other grant money would probably be available.
I should also point out that one area where it is not difficult to get volunteers is the restoration of historic vessels, especially when they are powered by steam engines.
I would further point out the firms that repair vessels and the people who work on them like to be associated with this type of project, so they tend to charge much less than they would to work on a modern vessel.
You may also wish to ponder why the trustees didn’t renew the lease on the Clock House.
David sorry I forgot I don’t know the parties involved and I sought advice from an expert in this type of litigation that I know.
ReplyDeleteHere it is: as one who was deeply and lucratively involved in litigation for years, it seems to me that neither party are rolling in cash and litigation would be absolutely stupid. What NEITHER party must do is make it a matter of pride or principle as that way disaster follows (except of course for my learned friends!). Banks for which I worked were always dispassionate and never let pride or principles cost them money!
Rick is right, in that I was on the very early version of TDC's standards committee when allegations were made against Cllr Hayton.
ReplyDeleteI didnt understand Rick's multi page document then and still dont now.
As I remember,the committee took advice from Mr Borley,Council solicitor, who advised that the allegations did not relate to Cllr Haytons actions as a TDC Councillor and were therefor outside the remit of the committee.
I think we advised Rick to contact the police.