A sailboat flying a Brazilian flag is cruising UK waters. It comes into a small harbor town at 3 AM, after a coastal passage of a couple of hundred miles. The part of the harbor that is protected from the swell and wind is small, and mostly taken up by the moorings of the local boats, including those of a small yacht club. The Brazilian sailboat anchors off the moorings and the crew goes to sleep.
At 9 AM, with a force 4-5 wind blowing, the crew is awakened by another sailboat banging on theirs. Its mooring is fouled on their anchor chain, and both boats are dragging. People from the yacht club come out, and both boats are forced to slip their moorings to separate. Both are taken to other yacht club moorings to lick their wounds. Both have undergone some damage from the collision, the Brazilian boat worse of all.
The next day, without informing anyone, the Brazilians hire a local diver to go down and untangle the mooring and retrieve their anchor. This surprises the yacht club, which had arranged for a diver to come the next day to untangle the mess and report on what he found. The Brazilians then proceed to accuse the yacht club of being negligent with their moorings, and to seek damages in the amount of 5000 euros. They claim they anchored at least 100 meters outside the moorings, and the moored sailboat just dragged on top of them. The club has several local witnesses who claim that the Brazilian sailboat had anchored much closer to the moorings, and probably fouled the mooring in question with its anchor (it actually consisted of two moorings tied together). The club also claims that the Brazilians had a diver eliminate the evidence before anyone could have a look at it. The Brazilians, who speak no English, claim that no one told them a club diver was coming, and that they didn't trust the club moorings and wanted to go back to their anchor.
Can anyone tell me what the proper procedure would be in such a case, according to UK rules?