WARNER V SCAPA FLOW CHARTERS

[2022] CSIH 25, Inner House, Court of Session, Lord President Lord Carloway, Lord Woolman and Lord Pentland, 10 May 2022

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 – Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (SI 1997 No 2962), regulation 7

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 sustained 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.