The International & Travel team recently secured an exceptional settlement in a highly complex offshore diving injury case. One that avoided the significant litigation risks, costs, and delays commonly associated with claims of this nature.

The claim arose following an accident involving an offshore diver. During recovery to the surface after a shift at depth, the dive basket being used dropped unexpectedly, causing the claimant to fall and sustain a severe spinal injury. The circumstances were highly technical and required detailed analysis of offshore operational protocols, equipment systems, visibility conditions, wire tensioning mechanisms, as well as diver responsibilities.

Multiple witness statements, accident reports, and standard diving‑industry practices had to be assessed alongside complex causation issues. The conflicting accounts created a classic liability scenario, requiring careful analysis of whether the incident stemmed from mechanical failure, procedural shortcomings, or human error.

Our team carried out a thorough factual and legal investigation. This involved a detailed review of the offshore procedures and accident conditions, comparing witness evidence with potential mechanical explanations for the basket drop, analysing the claimant’s status as a contractor rather than an employee, and identifying early contributory negligence arguments. We also began the process of instructing leading diving‑industry experts to support the technical aspects of the case.

Adding to the complexity, the matter engaged several jurisdictions: South Africa (the claimant’s residence and where he had appointed legal counsel), Bangladesh (where the incident occurred and treatment began), Singapore (whose law governed the contract between the claimant and the insured), and Thailand (where the insured business was based). Each raised distinct procedural and substantive challenges.

Determining the proper law, jurisdiction and forum required meticulous analysis. Our international network was instrumental. Colleagues in each jurisdiction provided prompt input on local law, litigation risk, valuation ranges and court system realities. Their insight strengthened our strategy and informed each stage of negotiation.

This groundwork ensured we were fully prepared to defend the claim, on liability, causation, quantum and jurisdiction, should litigation commence. It also placed us in a strong negotiating position, allowing us to demonstrate the considerable risks inherent in the claimant’s case.

Despite the potential for protracted litigation due to our initial denial of the claim, our strong relationships with all parties allowed us to consider any options for an early resolution. Drawing on the strength of our investigations and understanding of his personal circumstances, we crafted a creative non-monetary settlement proposal that addressed his key concerns while protecting the insured and keeping costs remarkably low.

The agreed solution involved supporting the claimant through a specialist highly-sought training programme, enabling him to pursue new employment opportunities adjacent to his previous field in a role he could partake despite his injury. This innovative approach met the claimant’s desire for meaningful resolution, protected the insured from reputational and commercial risk, preserved the parties’ relationship, and avoided the significant damages, expert costs and legal fees of a litigated claim.

This outcome was only possible because of the team’s willingness to think creatively, understand the claimant’s motivations and maintain a focus on delivering a solution that balanced empathy, commerciality and risk management. Our early intervention in the claim and close working with the insured business allowed this approach.

The successful resolution of this matter demonstrates the benefits of early intervention and close working with the insured team. In cross border claims its key to have experience of complex and difficult issues and a strong global network. Even the most complex and sensitive claims can be steered toward swift, cost‑effective and mutually beneficial outcomes when handled with expertise, creativity and strategic clarity.