Boy, nine, sues over father's diving death off Cape Wrath

Lex Warner with his wife Debbie and their son Vincent

The nine-year-old son of a diver who died off Cape Wrath in 2012 has begun a damages claim at the Court of Session in Edinburgh.

Vincent Warner's father, Lex, had been making a deep water "technical dive" of a wreck off the north Highland coast.

Mr Warner's widow, Debbie, won a case at the UK Supreme Court to be allowed to raise the civil court action on their son's behalf.

Orkney-based Scapa Flow Charters is being sued for £500,000.

The company's lawyers are contesting liability in the action.

'Heavy equipment'

Mr Warner, 50, from Sutton Coldfield, near Birmingham, was taking part in a dive with others from the boat MV Jean Elaine when he died on 14 August 2012. The dive required complex, heavy equipment.

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

The case went to the UK Supreme Court which held that Mrs Warner's claim as her son's guardian could proceed.

Mr Warner died during a diving expedition off northern Scotland in 2012

She was at Court of Session with her son to see the start of the proceedings which have been set down for eight days.

Speaking outside court, Mrs Warner said she hoped justice would prevail for their son Vincent.

In court, Mr Warner was described as a very experienced, careful diver who would call off even if he had a "small sniffle".

'A thud'

Andy Cuthbertson, of Stromness-based Scapa Flow Charters and the Jean Elaine's skipper, told the court that prior to the dive Mr Warner had fallen while on the boat.

He said he heard "a thud" and when he looked out of a window saw Mr Warner on his knees. He and a crewman helped him back up.

Mr Cuthbertson said: "He was calling himself some fairly strong expletives, cursing himself about being stupid.

"I asked him if he was all right. He said he was perfectly fine, not hurt or anything."

Lex Warner, who died in 2012, and his young son Vincent

The 63-year-old skipper said he asked Mr Warner if he wanted to sit this one out. He said Mr Warner told him: "Get me in the water, get me in, get me in."

Mr Cuthbertson was asked if he had any reason to think Mr Warner had suffered an injury. He replied: "None whatsoever. Not the way he was talking."

Eugene Farrell, 59, a former chairman of the British Sub-Aqua Club, told the court he had dived with Mr Warner "maybe a hundred times".

Mr Farrell said: "He was certainly somebody that I felt comfortable diving with and would have felt comfortable continuing to dive with. He was a very careful diver."

Rapid ascent

Mr Farrell said that if Mr Warner felt uncomfortable on a dive or if his health was not right he would say he was going to call off.

He told Robert Milligan QC, for the son, that when a diver was fully equipped with his heavy gear he had to be very careful. "It causes a significant difference to your balance," he said.

Under cross-examination by Andrew Smith QC, for Scapa Flow Charters, Mr Farrell agreed that technical diving could be dangerous.

He said he had dived with Mr Warner at depths of 70 to 80m (230-262ft) previously.

The action claims there was fault and neglect on the part of Scapa Flow Charters in failing to take reasonable care for the safety of Mr Warner.

The company maintains Mr Warner, an industrial cleaning contractor, had a duty to walk across the deck carefully because of the heavy equipment he was wearing along with fins.

It is contended that Mr Warner's decision to dive resulted in him experiencing increased levels of abdominal pain due to underwater pressure which, in turn, led to rapid ascent and death.

The hearing before Lord Sandison continues.