DEBBIEE WARNER AGAINST SCAPA FLOW CHARTERS [2021] ScotCS CSOH_92 (03 September 2021)

DEBBIEE WARNER AGAINST SCAPA FLOW CHARTERS [2021] ScotCS CSOH_92 (03 September 2021)

The court found that the defender failed to carry out a suitable and sufficient risk assessment for the specific hazards of technical diving operations, including the risk of falls while moving on deck in fins and heavy equipment. The defender did not provide adequate safety briefings or procedures to mitigate these risks, nor did he enforce industry guidance regarding the timing of putting on fins or the use of handrails and assistance. The defender's reliance on divers' experience and common practice was insufficient to discharge the duty of care owed under the Athens Convention. The defender was liable for the death of Lex Warner.

Citation
[2021] ScotCS CSOH_92
Parties
Pursuer: Debbie Warner; Defender: Scapa Flow Charters
Jurisdiction
Scotland
Judgment Date
03 September 2021
Procedural Posture
Personal Injury/damages / Judgment After Proof
Outcome
Defender found liable for the death of Lex Warner under the Athens Convention.
Legal Topics
Athens Convention, Duty of Care, Risk Assessment, Carriage of Passengers by Sea, Technical Diving Safety
Maritime Law Personal Injury Negligence Athens Convention Duty of Care Risk Assessment Carriage of Passengers by Sea Technical Diving Safety

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Parties

Debbie Warner

Pursuer

Scapa Flow Charters

Defender

Procedural Posture

Personal Injury/damages / Judgment After Proof

Legal Issues

  1. 1 Whether the defender breached duty of care under the Athens Convention by failing to ensure safety of passengers/divers
  2. 2 Whether the risk assessment and safety procedures on the vessel were adequate
  3. 3 Whether the defender was liable for the death of Lex Warner

Ratio Decidendi

The court found that the defender failed to carry out a suitable and sufficient risk assessment for the specific hazards of technical diving operations, including the risk of falls while moving on deck in fins and heavy equipment. The defender did not provide adequate safety briefings or procedures to mitigate these risks, nor did he enforce industry guidance regarding the timing of putting on fins or the use of handrails and assistance. The defender's reliance on divers' experience and common practice was insufficient to discharge the duty of care owed under the Athens Convention. The defender was liable for the death of Lex Warner.

Court Disposition

Defender found liable for the death of Lex Warner under the Athens Convention.

Orders

  • Defender ordered to pay agreed damages of £290,000 inclusive of interest to 20 April 2020.