On 14 August 2012 Lex Warner was killed in a diving accident off Cape Wrath. The pursuer is his widow as an individual and as guardian to their son. The defenders own and operate the MV Jean Elaine. The deceased had chartered the vessel for a diving trip in the course of which the accident occurred. The pursuer alleges that her husband’s death was due to the negligence of the defenders.

The issue was whether the action was time-barred under art 16 of the Athens Convention 1974. The defenders argued that an action for damages under the Athens Convention must be brought within two years: art 16.1. That date is calculated from the date of disembarkation: art 16.2. Accordingly the action became time-barred on 18 August 2014.

The pursuer argued that art 16.3 provides that the law of the court seized of the case shall govern the grounds for suspension and interruption of limitation periods. Accordingly the court should look to ss 18(2) and 18(3) of the Prescription and Limitation (Scotland) Act 1973 (1973 Act). The pursuer argued a suspension and interruption to the time limit in terms of art 16.3 of the Athens Convention.

Held: Action dismissed as time-barred.

The Athens Convention is part of domestic law as given effect by the Merchant Shipping Act 1995, s 183 and Sch 6. Article 16 of the Athens Convention deals with time bars for actions. Article 16.3 provides that the lex fori shall govern the grounds of suspension and interruption. However, the commencement of the time period is governed by art 16.2 and not by s 18(2) of the 1973 Act. Section 18(3) of the 1973 Act relates to the computation of the time period in s 18(2). It does not and cannot apply to other stand-alone provisions in other enactments.