Six-year-old boy wins right to sue over father's death Published duration 17 October 2018

media caption Diver's widow moves step closer to justice for husband

A six-year-old boy has won the right to sue a company over his father's death on a diving trip in a landmark ruling.

Lex Warner, of Sutton Coldfield, died during a deep diving expedition off the north of Scotland in August 2012.

His wife Debbie wanted to sue Scapa Flow Charters, the company involved, but found she had run out of time to take action under maritime rules.

However, the Supreme Court ruled that there was no time bar against her suing as the guardian of her son, Vincent.

Mrs Warner said she was "relieved" with the verdict, but said the process had been "extremely traumatic".

Outside the court, she told BBC News: "At the end of the day I just want justice. There are still unanswered questions outstanding which need to be addressed."

Mr Warner, 50, was diving to the wreck of a ship off Scapa Flow from the MV Jean Elaine, a recreational dive boat hired from Scapa Flow Charters in Stromness.

Minutes before entering the water, he fell on the deck of the vessel, but went ahead with the dive anyway.

However, he got into trouble at a depth of 88m (288ft), and despite the assistance of other divers who brought him back to the surface, was pronounced dead.

image copyright collect image caption Mr Warner died during a diving expedition off northern Scotland in 2012

The Marine Accident Investigation Board looked into the case, and made recommendations regarding safety on board the Jean Elaine - including a "thorough review of safety arrangements". Their 2013 annual report said "appropriate action" had been taken.

Mrs Warner told the BBC that she "went into deep shock" on hearing the news of her husband's death, and suffered a miscarriage weeks later.

She raised an action against Scapa Flow Charters (SFC), claiming that the fatality was the result of negligence on the part of the firm - but it was not lodged in court until May 2015, more than two years after Mr Warner's death.

The company contended that the case was time-barred under what is known as the Athens Convention , a 1974 maritime agreement about liability for damage or loss suffered by passengers at sea.

image caption Mrs Warner and Vincent - now six - outside the Supreme Court

The case bounced through the Scottish court system, with the Court of Session initially backing the company's position.

The Inner House then reversed this in relation to action on behalf of Vincent, and the Supreme Court has now upheld that ruling.

Judge Lady Hale wrote that there was "no international consensus" within civil law systems about some technical details around the time bar, on whether action must be lodged within two years or three.

And she concluded that "Mrs Warner's claim as Vincent's guardian is not time barred by the Athens Convention".

Scapa Flow Charters has been asked for a comment on the ruling.