Warner v Scapa Flow Charters

Personal injury – Carriage of passengers by sea – Time bar. Court of Session: In an action in which the widow of a man who was killed in a diving accident sued the owners and operators of the vessel the deceased had chartered for the diving trip during which the accident occurred, alleging that her husband's death was caused by their fault and negligence, the court held that the action was time barred under art 16 of the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea 1974 and that s 18 of the Prescription and Limitation (Scotland) Act 1973 had no application in the case.

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