Lex Warner

Warner -v- Scapa Flow Charters Court Case: Successfully overturned

Scotland's highest civil court published their Opinion of the Court on 10 May 2022, and ruled that fault or neglect on the part of Scapa Charters "is not established".

The Opinion states "The Lord Ordinary wrongly concluded that walking in fins represented an unacceptable risk...The inference drawn by the Lord Ordinary was unreasonable. The divers' unchallenged evidence made it clear that putting on fins and then walking to the exit point was almost invariable practice.

Lex Warner, John Chatterton, Richie Kohler, Rosemary E Lunn, Roz Lunn, stage cylinder, Scapa Flow, Scotland, XRay Mag, X-Ray Magazine, scuba diving news, CCR fatality
File Image: John Chatterton and Richie Kohler of the Deep Sea Detectives gearing up to dive in Scapa Flow, Scotland. Rosemary Lunn is assiting Richie Kohler to clip a stage cylinder to his left hand side | Image Credit: Simon Mills

The Lex Warner case continues a sad trend

On 14 August 2012 Lex Warner was about to conduct a technical dive off the Scottish coast. He was diving a rebreather and bailout stages and whilst he was crossing the deck of the dive boat, he stumbled, fell forwards and landed heavily on the deck. He went down on his knees, then onto his hands, before rolling onto his side and finally onto his back. Having been helped back to his feet by the boat’s crew, Lex Warner was reported to have expressed frustration and annoyance at himself for falling.