Warner v Scapa Flow Charters – Supreme Court (Lade Hale PSC, Lord Reed DPSC, Lord Sumption, Lord Hodge and Lord Briggs JJSC) [2018] UKSC 52 – 17 October 2018

Practice – Limitation of time – Death of passenger on chartered vessel – Widow bringing action in negligence against charterers on behalf of dependant minor son – Whether claim time-barred – Athens Convention 1974, article 16(3) – Prescription and Limitation (Scotland) Act 1973, section 18

MrsDebbie Warner, the widow of Mr Lex Warner, brought an action against Scapa Flow Charters (SFC) the operators of the vessel Jean Elaine following the death of her husband. Mr Warner had chartered the vessel from SFC for a week in August 2012 for a diving trip on a wreck off Cape Wrath. On 14 August 2012 Mr Warner fell on the deck of the vessel while he was preparing for a dive.