WARNER AGAINST SCAPA FLOW CHARTERS [2022] ScotCS CSIH_25 (10 May 2022)

WARNER AGAINST SCAPA FLOW CHARTERS [2022] ScotCS CSIH_25 (10 May 2022)

The defenders' duty of care did not extend to prescribing, monitoring, or controlling the manner in which experienced technical divers put on their equipment and moved to the exit point. The defenders met the required standard of care by providing a safe vessel, handrails, a non-slip deck, and a deckhand. The risk of walking in fins was obvious and voluntarily accepted by the divers, who were best placed to assess and manage it. There was no fault or neglect by the defenders under Article 3.1 of the Athens Convention.

Citation
[2022] ScotCS CSIH_25
Parties
Pursuer and Respondent: Debbie Warner; Defenders and Reclaimers: Scapa Flow Charters
Jurisdiction
Scotland
Judgment Date
10 May 2022
Procedural Posture
Civil Appeal (reclaiming Motion) / Inner House, Court of Session, Appellate Judgment
Outcome
Appeal allowed; decree of absolvitor pronounced in favour of defenders.
Legal Topics
Standard of Care, Risk Assessment, Duty of Care, Negligence, Liability of Vessel Operators, Leisure Activity Risks
Personal Injury Maritime Law Health and Safety Standard of Care Risk Assessment Duty of Care Negligence Liability of Vessel Operators +1 more

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Parties

Debbie Warner

Pursuer and Respondent

Scapa Flow Charters

Defenders and Reclaimers

Procedural Posture

Civil Appeal (reclaiming Motion) / Inner House, Court of Session, Appellate Judgment

Legal Issues

  1. 1 Whether the defenders owed a duty to prescribe, monitor, and control the manner in which experienced divers put on equipment and moved to the exit point
  2. 2 Whether the defenders' risk assessment and safety measures met the required standard of care under common law and the 1997 Regulations
  3. 3 Whether the defenders were negligent in failing to prohibit or minimise walking in fins on deck

Ratio Decidendi

The defenders' duty of care did not extend to prescribing, monitoring, or controlling the manner in which experienced technical divers put on their equipment and moved to the exit point. The defenders met the required standard of care by providing a safe vessel, handrails, a non-slip deck, and a deckhand. The risk of walking in fins was obvious and voluntarily accepted by the divers, who were best placed to assess and manage it. There was no fault or neglect by the defenders under Article 3.1 of the Athens Convention.

Court Disposition

Appeal allowed; decree of absolvitor pronounced in favour of defenders.

Orders

  • Interlocutors of 3 and 16 September 2021 recalled
  • Decree of absolvitor pronounced