time bar, international convention, scapa flow, Scotland, warner Home Publications Articles Time Bars in International Conventions Time Bars in International Conventions Articles Danielle Southey Published: January 28, 2019 Contact author Download article pdf     Image Warner v Scapa Flow Charters (Scotland) 1 In considering an appeal from the Scottish courts on the application of the Athens Convention time bar, the Supreme Court has examined issues of interpretation of international conventions. Background A claim in negligence was brought by a widow, on behalf of herself and her son, against Scapa Flow Charters (“SFC”) following the death of her husband whilst on board a dive boat operated by SFC. The parties agreed that the Athens Convention, which provides a liability regime for passenger death, personal injury and property damage claims that arise on seagoing vessels, should apply to the claim. The claim against SFC was lodged in May 2015, two years and 10 months after the incident.  SFC defended the claim on the grounds that it was time barred under Article 16 (1) of the Athens Convention which provides for a two year time bar running from the date of disembarkation (or when disembarkation would have taken place).  Article 16 (3) sets out a criteria for extension but with a longstop time bar of three years.  More particularly, Article 16 sets out: 1. Any action for damages arising out of the death of or personal injury to a passenger or for the loss of or damage to luggage shall be time-barred after a period of two years. …… 3. The law of the court seized of the case shall govern the grounds of suspension and interruption of limitation periods, but in no case shall an action under this Convention be brought after the expiration of a period of three years from the date of disembarkation of the passenger or from the date when disembarkation should have taken place, whichever is later. SFC’s time bar defence succeeded at the fir