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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Two friends on board a ship had a verbal argument when

Customer Question

Two friends on board a ship had a verbal argument when heavily in drink. At some point the male has inadvertently stepped on his partners foot she has screamed out in pain lost her balance and grabbed hold of her partner to gain her balance and push him off her foot.
As a result a passenger in a neighbouring room notified security who attended and removed both parties and told them to make statements despite being clearly extremely drunk having been drinking for 14 hours.
The next day neither party recall what they had put in their statements but in sobriety recall a brief argument followed by the incident in relation to the male party stepping on her foot. As a result the male party received two minor scratches to his face which were caused when the female lost her balance. She later discovered her toe was badly bruised and may have been broken. Doe to them being drunk and upset with each other their statements were not a true reflection of what had happened.
Where the security within their rights to tell them to right statements under these circumstances? or should they have waited until they were sober? Are the statements admissible?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello Sharon my name is ***** ***** I will help you.

For now please let me know whether the Police are involved?

Customer: replied 1 year ago.
Hi Alex
No! The following morning the male went to speak to security to say it was just a scratch.
He was told that she would be kept in Herron for 24hours to settle down the the matter would be reviewed.
It transpires he had said. In his Stevens when very drunk she had attacked him which wasn't true and in sobriety the following day he remembered this and went to tell security.
She was later spoken to by security and refitted any allegation of assault she also asked to speak to someone on numerous occasions to explain what had happened.
However no one went to speak to her and although the she was told she hadn't been arrested and she was being kept in a cabin for he town safety and the safety of the ship she want allowed to leave.
The following day she was told the matter would be reported tithe police at the next port.
She has then asked to give a statement as upto this point no one has been to speak to her.
Her partner had also done the same refuting any allegations giving the true version of events.
All the info was passed to the police at the next port who said they weren't interested.
However she was then told to get off the ship and given 10minutes to pack and get off in a strange country.
She then had to find a hotel and flight to her next destination in order to get home.
They both feel aggrieved as she was incarcerated for over two days and made to leave the ship etc etc if the statements had been taken when sober non of this would have happened and the only issue would have been that they disrupted the sleep of a guest for which they both apologised.
How can this be right?
I appreciate that maritime law is different but how can it be legal to make both parties take stmts when in drink.
She want cautioned nor arrested so how can they take away her Liberty?
Expert:  Ash replied 1 year ago.

Yes maritime law is different and its down to the discretion of the Captain.

As for are security right to take statements and are they admissable - that would only be a matter in a Court of law. bearing in mind the Police are not involved then you dont need to worry about that.

If it was the Police they would have taken notes but a formal statement would not have been done until they were sober, as per the Police and Criminal Evidence Act. But this does not apply here as Police are not involved.

As for taking away her Liberty, they have a right to throw off the ship, but can ask for a refund of additional expenses.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?


Customer: replied 1 year ago.
Hi Alex
Did they'v have e right to keep her infer security for for 54 hours
Expert:  Ash replied 1 year ago.

No Sharon


Expert:  Ash replied 1 year ago.

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