Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

Son of diver who drowned at north shipwreck awarded almost £300,000

Lex Warner with his wife Debbie and son.
Lex Warner with his wife Debbie and son.

The young son of a diver who perished at a shipwreck has been awarded £290,000 compensation after a judge ruled a ship captain didn’t do enough to minimise safety risks.

Lord Sandison awarded the sum to nine-year-old Vincent Warner in a judgment delivered on Friday at the Court of Session in Edinburgh.

His mother Debbie raised an action on Vincent’s behalf at Scotland’s highest civil court regarding how his dad Lex lost his life at Cape Wrath off the north coast of Scotland in August 2012.

Mr Warner, 50, from Sutton Coldfield, near Birmingham, and a group of friends had been making a “deep water” technical dive off a wreck.

He was onboard the MV Jean Elaine vessel in the hours before his death.

Map detailing the death of diver Lex Warner.

Both Vincent and Debbie sued the boat’s owners – Orkney-based Scapa Flow Charters – for £500,000.

‘Relieved, numb and happy all at the same’

The case centred on how Mr Warner fell on board the MV Jean Elaine whilst walking in fins and sustained an abdominal injury. The diver later got into trouble when in the water.

In a statement following the outcome of the case, Debbie Warner said: “It’s been a long, long road and today’s ruling means so much to us but it’s also something that can’t be properly expressed.

“We feel relieved, numb and happy all at the same time but also sad because at the end of the day we’re without Lex – this has been about seeking justice for him.

“We’re still trying to work out what today’s judgment actually means for the case going forward so I don’t want to say anything else just now but we’d like to thank our legal team for fighting this case all the way and also our friends, family and the community who have supported us for nearly a decade.”

During the hearing, lawyers for the family claimed that the ship’s captain Andy Cuthbertson didn’t do enough to minimise the risks which came from divers walking on board boats whilst wearing fins.

Lawyers acting for Scapa Flow claimed that Mr Warner had a duty to walk across the deck carefully because he had fins on and was carrying heavy equipment.

In a judgment published today, Lord Sandison agreed with the submissions made by the Warner family’s legal team.

He said that the Marine Accident Investigation Branch had records of divers who had sustained accidents from walking in fins on board boats.

He wrote: “I accordingly conclude that Mr Cuthbertson was guilty of fault and neglect … in that he failed to recognise that the system of dive preparation he had set up or allowed to develop … permitted or even encouraged divers to walk on deck in fins, and that that was an inherently risky activity to the extent that consideration should have been given to putting in place mechanisms apt to eliminate it or at least bring it under close control.

“The risk of a technical diver falling while walking in fins on deck was, as I have noted, well-recognised by the time of Mr Warner’s fall.

Mr Warner was described as a very experienced, careful diver

“The risk that such a fall might well cause injury ought also to have been appreciated, given that it would involve a diver laden with heavy and solid equipment coming into contact, quite possibly uncontrolled and hard contact, with an unyielding surface (be that the deck, the boat’s superstructure, or the equipment itself) without the benefit of any protective garb.

“The injury he in fact sustained can therefore properly be said to have arisen from or in connection with the fault and neglect of the defenders previously identified.”

His widow had previously sued on her own behalf but her claim was ruled to be time-barred.

However, judges at the UK Supreme Court ruled that Vincent could bring a compensation case.

During proceedings, the court heard how Mr Warner decided to dive after falling. The dive required complex, heavy equipment.

It was contended during the hearing that the decision to dive resulted in him experiencing increased levels of abdominal pain due to underwater pressure which in turn led to him rapidly ascending and his eventual death on August 14 2012.

During the action, Mr Warner was described as a very experienced, careful diver who would call off even if he had a “small sniffle”.

Judge ruled Scapa Flow should have done more to eliminate risks

In his judgement, Lord Sandison said that Mr Warner died because while he was at depth of 80 metres below water, he became aware of abdominal pain.

Lord Sandison said this pain was “in consequence” of the “intra-abdominal haemorrhage suffered as a result of his fall on deck”.

The judge also said this pain caused Mr Warner to make an emergency ascension in an “anxious and ultimately panicked” state which affected his breathing.

Mr Warner then became unconscious and was unable to retain his breathing mouthpiece.

Lord Sandison added: “He became unconscious or otherwise unable to retain his breathing mouthpiece, which fell out of his mouth, causing him to drown. The injury suffered by him in the fall materially contributed to the sequence of events leading to his death.”

Lord Sandison said that Scapa Flow should have done more to eliminate the risks which came from walking on board in fins.

He added: “The overarching point is that no single and inflexible system of operation had to be implemented on every trip and regardless of individual circumstances, but that a system – whether using all or some of the possible expedients mentioned above, or others – ought to have been devised and executed on every trip so as to avoid, or at least minimise, the practice of technical divers walking on deck in fins.

“Had such a system for the promotion of safer fin practices been in place, the likelihood is that it would have performed its intended function of eradicating or minimising the risk of falling and that Mr Warner would not have fallen at all, or if he did, he would not have sustained a serious injury such as he in fact sustained, because the force of any fall would probably have been broken by him holding on to a handrail or being supported by the deckhand.

“The injury he in fact sustained can therefore properly be said to have arisen from or in connection with the fault and neglect of the defenders previously identified.

“I find that the defenders are liable to make reparation to the pursuer.

“The quantum of damages is agreed in the sum of £290,000.”