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  1. #11
    Nicotine, valium, vicodin... notdeadyet's Avatar
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    Quote Originally Posted by JonG View Post
    One of the key parts of the BSAC policy for the actual lanowners is the indemnification against a lawsuit from the family of a deceased diver who may seek redress against the landowner if they believed there was LO negligence that contributed to the death.

    Not saying that the BSAC insurance is that robust but seems to be a key issue for the new owners.
    I don't know much about the liability side so may be getting the wrong end of the stick. So if a diver dies and the family sues the landowner then the landowner would expect the diver's insurer (i.e. BSAC) to cover the landowner's costs?
    Caliph Hamish Aw-Michty Ay-Ya-Bastard, Spiritual leader of Scottish State in England

  2. #12
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    So after seeking clarification the following hopefully explains the situation further.

    The LO have agreed that diving can continue under a controlled methodology.

    The methodology arrived at was a "club" with entry criteria (technical qualifications). Other iterations such as a commercial dive centre etc. were examined but failed to develop, potentially due to the LO reluctance to develop the site due to its long term hydro plan, planning, hertiage etc. would also be bars to development.

    Insurance was sought on the open market, but was either unavailable due to the risk or too expensive due to the risk. In the absence of being a dive centre the characterisation of the risk does not match the likes of Capenwray or Stoney for example.

    The BSAC route was the only option identifed at the time which allowed for the necessary provisos in terms of liabilty insurance required by the LO of the agreed diver cohort and the club officers. For the club officers this is the access to legal representation and insurance in the event of a claim for negligence against the club in the event of an action being brought by a family member of a deceased diver. (I don't know how robust the insurance or legal support would be).

    So the LO agreement requires a diver to be a member of the "club" and to be insured, the "club" officers require protection in the event of a negligence claim.
    Ergo even if the club existed outside of BSAC, the costs may be similar due to the cost of commercially available insurance if it existed and club fees to cover admin, upkeep, etc.

    I think an affiliated membership to BSAC is around £60 so a member could join NWTD and BSAC to keep costs down to a minimum and allow year round access to Dorothea plus any of the other perceived benefits available from BSAC membership.

    I'm pretty confident from discussions this was the only route to allow diving to continue, albeit that it isn't what we remember from the 90's.

  3. #13
    Established TDF Member MikeF's Avatar
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    Ah the joy of being able to hop in a car and then fall into a sea loch whenever you like with nobody looking over your shoulder. It almost compensates for the midges.

    though I did appreciate Dorothea when I lived in Lancashire

  4. #14
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    Quote Originally Posted by MikeF View Post
    Ah the joy of being able to hop in a car and then fall into a sea loch whenever you like with nobody looking over your shoulder. It almost compensates for the midges.

    though I did appreciate Dorothea when I lived in Lancashire
    Itís probably only another hour or two from Lancashire to the lochs vs a quarry and thatíd be recommendation every time, unless gear washing!

  5. #15
    Established TDF Member Energy58's Avatar
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    Quote Originally Posted by notdeadyet View Post
    I don't know much about the liability side so may be getting the wrong end of the stick. So if a diver dies and the family sues the landowner then the landowner would expect the diver's insurer (i.e. BSAC) to cover the landowner's costs?
    I imagine there is some form of indemnity in the licence from the landlord which puts the risk from diving back on the BSAC Branch officers who then rely on the BSAC insurance (FWIW). They (landlord) probably have regular public liability insurance to cover risks like walls falling on passers-by etc.

  6. #16
    Nicotine, valium, vicodin... notdeadyet's Avatar
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    Quote Originally Posted by graham_hk View Post
    It’s probably only another hour or two from Lancashire to the lochs vs a quarry and that’d be recommendation every time, unless gear washing!
    From where I live now (about 10min from J26 on the M6) Dorothea is about 2hrs. It's around 4.5hrs to the south shore of Loch Fyne on a good day with no traffic and no stops. Dorry was great for a winter day out to spunk some gas, with a civilised start I can be there and back by 5pm including a fish supper in Llanberis. Loch Fyne is too far for an easy day trip. I usually do it as weekends over the winter. Camp on the shore, walk to the pub. Too cold for the neds and not generally on a main cnuts in campervans route.

    I can't wait to get the fuck out of here and back to Scotland. Lancashire, England's Alabama.
    Caliph Hamish Aw-Michty Ay-Ya-Bastard, Spiritual leader of Scottish State in England

  7. #17
    Established TDF Member jamesp's Avatar
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    Quote Originally Posted by notdeadyet View Post
    From where I live now (about 10min from J26 on the M6) Dorothea is about 2hrs. It's around 4.5hrs to the south shore of Loch Fyne on a good day with no traffic and no stops. Dorry was great for a winter day out to spunk some gas, with a civilised start I can be there and back by 5pm including a fish supper in Llanberis. Loch Fyne is too far for an easy day trip. I usually do it as weekends over the winter. Camp on the shore, walk to the pub. Too cold for the neds and not generally on a main cnuts in campervans route.

    I can't wait to get the fuck out of here and back to Scotland. Lancashire, England's Alabama.
    What does that make Wales, Alaska?

  8. #18
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    Quote Originally Posted by notdeadyet View Post

    I can't wait to get the fuck out of here and back to scotland.
    Us too Ö us too 🤣


 
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