You will be aware of the ongoing, and well reported issue regarding contaminated ground in the Dalgety Bay area. SEPA, the government regulator, monitor the site regularly and a full and thorough investigation is imminent to try and quantify and finalise the problem to allow the correct remedial action and return the Sailing Club grounds to a condition seen as acceptable by SEPA.

Dalgety Bay Sailing Club have been performing some checks concerning responsibility for any claim made by a third party against our club with specific regard to radioactive contamination. The club carries public liability insurance as part of its insurance package. However as with all insurance policies it is common to have exclusions such as "acts of god",war, lightning strike but also specifically issues associated with ionising radiation (such as radium).

This exclusion applies to our club insurance policy and having consulted the club insurers, they have confirmed should anyone claim against our club, with specific regard to a claim involving or in any way related to radioactivity, then we have no insurance cover and are thus liable for the claim in full and any associated costs. These costs would be incurred in defending such an action, even if the club were to win.

We have continued to liaise with SEPA generally and have asked them about the likelihood of the club being found liable by them for any personal injury; they have told us this is highly unlikely and our exposure as a club, financially, would be more around defending such a claim.

We have employed at club expense, Semple Fraser, who are a reputable legal firm, experienced in environmental law, to answer a number of key questions with regard to our club's position on contamination, and they have concluded that in the absence of insurance, by way of exclusion, the club, and ultimately each member, would be liable individually should such a claim arise. In essence, while the club would defend an action using club funds, these funds are not inexhaustible and there is a possibility that individual members would be liable for defending such an action.

The risk from the Radium contamination has not changed. The Sailing Club continue to take and follow advice from SEPA on this radian contamination risk and how best to deal with this going forward.

Dalgety Bay Sailing Club Management Committee are now forming a plan to remove this risk to members, and our club as a whole, and this should be presented in the very near future. We are confident of delivering a solution, endorsed by and implemented in conjunction with our legal advisers, that will allow the club to continue without members having any personal risk. However in the interim the risk still exists to the club and individual members regards claims.

The desire of the club is to continue with it's amateur sailing operations, and this news will be of concern to all of our members who were sent this information today, 9th August. To reiterate, we continue to -

Run national sailing events attended by people across the country from other sailing clubs
Run club sailing events for our members
Provide quality sailing facilities to our members who sail a variety of craft
Operate our training services for all age groups, being a fully accredited RYA Training Centre
Do all we can to make sailing available to all members of society
Support two members who have a target of completing in the Rio Olympic Games in four years time -  http://www.samjosailing.blogspot.co.uk/

There have previously been views expressed by Dalgety Bay Community Forum and other groups. While we continue to liaise, support and work with our neighbours, this concern round liabilities is a Sailing Club matter only.

It is worthy of comment that, the longer the government bodies take to reach a conclusion on the contamination source, the people responsible for it's location and ultimate remediation, then Dalgety Bay Sailing Club will continue to be the group that feel the effects already experienced round it's sailing operations and now ultimately it's membership.