Sea Fishing
The sea fishing industry remains a very significant economic sector in Scotland, and Peterkins expects to be serving it long after the last drop of oil has been extracted from Scottish waters (and the latter will be many years from now!). We have specialised in this sector for more than 20 years and represent clients engaged in all aspects of the industry from the catching sector and fish salesmen through to processors and hauliers.
Vessel Owners
We represent many fishing vessels owners and deal with a whole range of contentious and non-contentious matters for them in one of the most heavily regulated sectors of UK industry:
1. Sale, purchase and lease of licences and quotas.
2. Sale, purchase and charter of vessels.
3. Partnership formation, dissolution, and dispute resolution.
4. Incorporation of partnerships.
5. Disputes with SERAD, MAFF and Producer Organisations.
6. Civil litigation and criminal defence work in respect of, for example, log-book and mis-reporting offences.
7. Advising on an increasingly complex burden of regulation such as satellite monitoring, and tonnage and engine power regulations.
Case Study
The firm represented F in the purchase of a fishing vessel that had had several previous owners. Conducting a "due diligence" investigation on behalf of the owner it was quickly established that a previous owner had granted a mortgage over the vessel which had not been discharged. The mortgage holder could therefore have taken possession of the boat at any time to recover outstanding sums due by the former owner! Interestingly, the seller's bankers had overlooked this problem.
Lenders
Representing one major lender providing finance for the fishing industry, particularly for loans to acquire fishing boats, and acting for others from time to time, we pride ourselves on offering a particularly high standard of service and level of technical competence.
Vessel Managing Agents
The role of the managing agent has traditionally been at the heart of all the on-shore business activities for those connected with the catching sector. In addition to carrying out many of the above activities, on the instructions of agents, we are also able to put our general corporate, commercial and employment services at their disposal.
Fish Producer Organisations
The firm has represented a number of Fish Producer Organisations, advised interest groups on setting up new producer organisations and has been involved in drafting constitutional documentation for others. Work includes acting as Secretary to the Disciplinary Committee of one major organisation, and general work in the context of internal dispute resolution. We have also been involved in international quota swaps and joint ventures.
Fish Processors
Apart from general commercial and commercial property matters, work for fish processors tends to focus on employment law related matters. Advising on law and regulation concerning food production, hygiene and environmental compliance are assuming ever greater importance.
