WARNER V SCAPA FLOW CHARTERS

[2021] CSOH 92, Outer House, Court of Session, Lord Sandison, 3 September 2021

Carriage of passengers – Liability of carrier – Death or personal injury – Defect in ship – Fault or neglect – Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 – Merchant Shipping Act 1995, section 183 – Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987

This was the question of the defenders’ liability for the death of LW on 14 August 2012 while diving from the defenders’ vessel. While wearing full gear on board the diving boat, LW fell and suffered internal injuries which became apparent only afterwards. He nevertheless elected to continue with the dive, but ascended unexpectedly, was found to have stopped breathing at the surface and was pronounced dead in hospital later that day.