Scotland Times

Thursday, Jun 13, 2024

Judges overturn boy's £290,000 diving death payout

Judges overturn boy's £290,000 diving death payout

Judges have overturned a decision to award £290,000 compensation to the son of a diver who died off Cape Wrath.

Lex Warner, 50, from Sutton Coldfield, near Birmingham, was injured in a fall on the boat before he made the dive on the Highlands' north coast in 2012.

Orkney-based Scapa Flow Charters was sued by his son Vincent, nine, in a legal action through his mother Debbie.

Judges at the Inner House of the Court of Session in Edinburgh agreed with appeal submissions from the boat firm.

Lord Carloway wrote that Scapa Flow Charters had put in place adequate safety measures, before Mr Warner fell on the boat while walking in fins.

He concluded that Mr Warner chose not to use the safety measures in place and had made an "informed choice".

Lord Carloway wrote: "It was sufficient in the exercise of reasonable care for the defenders to have provided a safe means of moving from the seat to the exit point in the form of a non-slip and unobstructed deck, handrails and a deckhand.

"Mr Warner, who was well aware of what was an obvious and inherent risk, chose not to use the provided means.

"That was a matter for his choice in the context of a leisure pursuit in which he, and not the defenders, was the skilled and experienced person."

Mrs Warner and Vincent outside the UK Supreme Court in 2018

Mr Warner and a group of friends had been making a deep water technical dive off a wreck, on board Scapa Flow Charters' boat MV Jean Elaine.

Mr Warner's widow won a case at the UK Supreme Court in 2018 to be allowed to raise the civil court action on their son's behalf.

The case centred on how Mr Warner fell while on the boat. He sustained an abdominal injury and later got into difficulty when he was in the water.

Lawyers for the family claimed the boat's captain Andy Cuthbertson did not do enough to minimise the risks which came from divers walking on board boats while wearing fins.

In a judgment published last year, Lord Sandison agreed with the submissions made by the Warner family's legal team.

He concluded Mr Cuthbertson failed to put in place proper health and safety measures which would have protected Mr Warner from falling.

But lawyers for Scapa Flow Charters told appeal judges Lord Carloway, Lord Woolman and Lord Pentland that Lord Sandison was wrong to find Mr Cuthbertson at fault.


Related Articles

Scotland Times
UK Island Orkney council to look at proposals to become territory of Norway
Woman Awarded Over £100,000 After Being Fired for Transgender Tweet
A provocative study suggests: Left-Wing Extremism and its Unsettling Connection to Psychopathy and Narcissism
A Real woman
Brand new security footage has just been released to the public showing the Active shooter Audrey Elizabeth Hale drove to Covenant Church School in her Honda Fit this morning, parked, and shot her way into the building
China's foreign ministry branch in Hong Kong urges British gov't to stop the biased and double standards Hong Kong report
Double standards: UK lawmakers attack EU chief over Ireland claims
Democracy? Not for UK. UK PM rejects Scottish independence referendum, cancel democracy in BVI
UK urged to brace for economic storm
Women's own body dissatisfaction appears to influence their judgment of other women's body sizes
Prince William To Move Family Into Cottage Near Queen Elizabeth II
BOOOOOOS: Tony Blair receives royal honour
Captured Britons sentenced to death in Ukraine
Barbados PM Mia A. Mottley among Time Magazine’s 100 Most Influential People
Today's headlines
"Just One Of the Boys In School:" Years That Shaped Prince Charles
BVI Premier Rubbishes Claim Of Causing COI Delay
Comments on "Human Intelligence in a Digital Age" - A brilliant Speech by MI6 Chief Richard Moore, and the elephants neglected in the room
Bitcoin: BoE Deputy Gov wants to cancel democracy and protect the banks with regulations which infringe on people’s freedom, independence and benefits they get from their own money.
What are the Pandora Papers?
Taiwan-China relations at their 'worst in 40 years'
The attempt to hold accountable for the content of its clients' websites is like blaming Gutenberg for the NYT's fake news that dragged the US into the pointless war against the nuclear weapons Iraq never had