Boy, 6 wins right to sue diving firm over dad’s death
MOTHER’S DISMAY OVER LONG FIGHT FOR JUSTICE
BY CHARLIE GALL A SIX-YEAR-OLD boy yesterday won a legal battle to sue a Scottish diving charter company over his dad’s death.
Vincent Warner was just nine months old when father Lex Warner, 50, died on a deep sea diving expedition off the Sutherland coast.
His widow Debbie wanted to seek damages from Orkney-based Scapa Flow Charters but her action was time-barred under maritime rules.
Now, in a landmark ruling, judges at the UK’s highest court have unanimously decided there’s nothing to stop her suing as guardian of the couple’s son, Vincent.
Supreme Court judge Lord Hodge said Debbie Warner’s action on her son’s behalf wasn’t time-barred because he was “a young child” and therefore under “a relevant legal disability” to pursue a claim.
Holding Vincent’s hand outside court, Debbie, who has always insisted there should have been a criminal investigation, said: “This should have been a straightforward procedure from the start.
“An investigation into what actually happened, questions that are still outstanding, can start now and go to court over the death of Lex Warner, my husband, and his father.”
She said she was “utterly flabbergasted and disgusted” at having to go through six court hearings in her fight for justice.
She said: “Why anybody would want to prevent what would normally happen – his death being heard in court in front of judge – I have no idea.
“It’s been extremely traumatic. We just need answers to move forward.”
Tragedy struck on August 14, 2012, as Lex was diving to an unexplored wreck in Scapa Flow from the MV