{"id":643,"date":"2018-10-23T13:59:14","date_gmt":"2018-10-23T13:59:14","guid":{"rendered":"https:\/\/www.chrishegarty.com\/?p=643"},"modified":"2018-10-23T13:59:14","modified_gmt":"2018-10-23T13:59:14","slug":"time-limits-under-international-conventions-are-short-move-swiftly-or-be-left-behind","status":"publish","type":"post","link":"https:\/\/chrishegarty.com\/?p=643","title":{"rendered":"Time limits under international conventions are short \u2013 move swiftly or be left behind!"},"content":{"rendered":"\n<p><a href=\"https:\/\/www.supremecourt.uk\/cases\/uksc-2017-0103.html\">Warner v Scapa FlowCharters [2018] UKSC 52<\/a><\/p>\n\n\n\n<p>Mr Warner was sadly\ninvolved in an accident on a dive charter and thereafter undertook a\ndive to 88 metres (far beyond the reach of most divers!). Sadly, Mr\nWarner encountered difficulties and could not be revived.<\/p>\n\n\n\n<p>Claims were brought\nby Mr Warner\u2019s widow on her own behalf and on behalf of their\ninfant son. Sadly these were issued nearly 3 years after the incident\nand planned date of debarkation (the relevant date for a death at sea\nunder the Athens Convention).<\/p>\n\n\n\n<p>No appeal was\nbrought to the Supreme Court against the strikeout of Mrs Warner\u2019s\nclaim; but the Inner House had allowed their son\u2019s claim to proceed\nas it was extended by domestic law and within the longstop.<\/p>\n\n\n\n<p>The Supreme Court\nconsidered carefully the ideas of \u201csuspension\u201d and \u201cinterruption\u201d\nand took a purposive view as to what was meant by the allowance in\nthe Athens Convention for time to be extended beyond the ordinary two\nyear period.\n<\/p>\n\n\n\n<p>Fortunately for\nminors the Prescription and Limitation (Scotland) Act 1973 \u2013 in\nsimilar terms to the Limitation Act 1980 \u2013 was found to be a\ndomestic provision which engages that additional year and can\ntherefore provide a further brief window to bring a claim.<\/p>\n\n\n\n<p>Nevertheless,\naviation and maritime claims are a potential minefield and should be\nconsidered very carefully.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Warner v Scapa FlowCharters [2018] UKSC 52 Mr Warner was sadly involved in an accident on a dive charter and thereafter undertook a dive to 88 metres (far beyond the reach of most divers!). Sadly, Mr Warner encountered difficulties and could not be revived. Claims were brought by Mr Warner\u2019s widow on her own behalf [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-643","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/chrishegarty.com\/index.php?rest_route=\/wp\/v2\/posts\/643","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chrishegarty.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chrishegarty.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/chrishegarty.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/chrishegarty.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=643"}],"version-history":[{"count":0,"href":"https:\/\/chrishegarty.com\/index.php?rest_route=\/wp\/v2\/posts\/643\/revisions"}],"wp:attachment":[{"href":"https:\/\/chrishegarty.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=643"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chrishegarty.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=643"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chrishegarty.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=643"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}