Bridge McFarland have built up a reputation for representing the interests of divers, both commercial and sports divers. Through our involvement in a large number of diving cases we have become familiar with diving practices and techniques and the organisation of the diving industry.
WORKING IN THE DIVING INDUSTRY
Our reputation is built upon an understanding of the industry; its workings and its demands and an understanding of the problems faced by its employees. For example, problems associated with the need to find work and to keep it; lengthy periods away from home and a need for total confidence in their advisors.
Your problem may be the result of an accident that prevents you from working, or that may in the future, affect your earning potential. We have over the last 20 years handled many claims for divers who have been injured at work and have brought the great majority of these cases to a successful conclusion, often recovering on the part of the injured diver very substantial sums by way of compensation for the injuries suffered and the losses, including future wage loss, sustained.
We are prepared to discuss with you and to assess the prospects of making a successful claim for damages and the most appropriate way of funding such a claim. We will consider acting for an injured client under a Conditional Fee Agreement (commonly known as a “no win-no fee” arrangement) although such Agreements are not appropriate in every case
When discussing your case with us you will find our experience in the diving industry, its working practices and physical demands invaluable and a considerable advantage in facilitating our discussions.
Claims for damages for personal injury involving diving companies often involve the preparation of detailed and complex schedules of loss of earnings (including future loss of earnings). Not only will our experience stand us in good stead in the preparation of schedules but we are in touch with the expert witnesses who know the industry and upon whom we can call to assist in the preparation of your case and to attend Court to give evidence on your behalf if that is required.
Your problems may be the result of a contractual dispute over wages, bonuses, expenses etc. Again our experience in those
matters will be used to assist you.
We have successfully represented diving industry personnel (divers, supervisors and superintendents) in relation to prosecutions brought by the Health and Safety Executive. Again in the preparation of such cases our experience of the diving industry has been invaluable.
One difficult aspect of divers’ cases, whether arising out of an accident or a contractual dispute, is the worldwide nature of a diver’s employment and that divers frequently work for companies who have little or no connection with the United Kingdom. Establishing the applicable jurisdiction in which such cases should be brought is frequently difficult. We are in a position to advise divers on the appropriate jurisdiction in which the cases should be pursued and if the case cannot be pursued in the United Kingdom to assist in bringing the case elsewhere.
We are conscious of the fact that divers frequently work in locations and for employers who are based in legal jurisdiction that may present great difficulties for the diver. We have often been able to avoid such jurisdictions to the advantage of our diver clients.
Not only can we advise on the applicable jurisdiction we are sometimes in a position to advise on the most advantageous jurisdiction in which to seek a resolution of the diving dispute.
Experience of this type is only gained from involvement in cases in different jurisdictions. In the last two years alone and in addition to the many cases that we have brought before Courts in England we have advised in cases which have had connections with, or involved proceedings in Scotland, Norway, Denmark, Holland, India, United Arab Emirates, Nigeria, Equatorial Guinea, etc.
Your problem may not be associated with your work. We can assist with the whole range of legal services associated with for example tax; family problems; wills and our advice and help will take account of your working commitments which may mean that you are absent from home for weeks on end.
SPORTS DIVING
Diving for recreational purposes is an increasingly popular activity. As with any sport there are risks associated with diving and unfortunately, from time to time, serious accidents do arise.
If you have been involved in an accident which may have been caused by the negligence of a diving instructor or a diving buddy or a dive boat skipper or owner we are able to advise as to your legal rights.
We are uniquely qualified by experience in other cases to help in this area. Recently we have represented the family of a diver who lost his life whilst using a Rebreather Unit, at a three day inquest in Plymouth; and we have represented clients at a five week Fatal Accident Inquiry in Scotland looking into the deaths of two divers during a diving expedition to the West Coast of Scotland.