Warner v Scapa Flow Charters (No 2) – Court of Session (Outer House) (Lord Sandison) [2021] CSOH 92 – 3 September 2021

Carriage of passengers – Recreational diver falling on deck of dive support boat and subsequently dying after diving from boat – Widow bringing action for damages – Whether boat operator liable under Athens Convention, article 3(1) – Whether defect in boat – Whether fault or neglect by operator

Mrs Debbie Warner, the widow of Mr Lex Warner, brought an action against Scapa Flow Charters (SFC) the operator of the dive support boat 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. After the fall he went ahead with the dive but got into trouble and was pronounced dead.