EWJ August 62 2025 web - Journal - Page 35
‘A Landmark Case
in Maritime Injury Law’
Interview with Brian Porter, Diving Expert
Diving accidents occur in leisure and overseas
tourism, in swimming pools, waterparks and at sea,
including commercial diving. Some incidents can
prove fatal. This particular case now settled, Brian
Porter has kindly shared some details of his work as
the main expert witness in the case. Brian Porter is a
Diving Expert his expertise covers sports & recreational Scuba diving, commercial air diving and mixed
gas/ saturation diving. His experience for this case was
based upon previous work as a North Sea saturation
diver involved in operations in the Norwegian and
British sectors of the North Sea; responsible for marine engineering & construction projects. Diving in
both sectors as a mixed gas / saturation diver on major
marine engineering & construction projects; working
to depths of 500 feet. His experience also covers commercial diving operations law and procedures. Risk
assessments, surface conditions, and site evaluations,
sea state, currents tides, underwater safety and operations at sea. Also, he was previously Managing Director at Dive School (UK), teaching PADI & NAUI
scuba diving courses to students up to and including
instructor training programmes. With experience of
teaching the general public to scuba dive and as a diving Superintendent, based in Abu Dhabi. With total
responsibility for Marine Vessels, its crew, dive team
and associated equipment.
and his wife at Irwin Mitchells Offices as part of the
process of obtaining statements. I compiled a report
from statements and documentation provided (2014).
Small extract from report :"Allan Peacock was air
diving to release a section of pile at an approximate
depth of 90 feet. During the dive on the 10th November 2011 Allan Peacock’s right foot was crushed by the
movement of the follower or top pile. The top pile
began moving up and down unexpectedly and his
right foot was drawn into the gap. His injuries were
considerable; the damage caused to his right foot
resulted in the amputation of part of his right leg from
the knee down".
Allan Peacock eventually found victory in the High
Court after a catastrophic diving injury. This was or is
a landmark case in maritime injury law. He returned
to work as a commercial diver some 18 months after
the incident (using a HSE aproved prosthetic.) He
secured £915,000 in compensation. .
There has been an article published in the
Independent Newspaper discussing the clients
favorable outcome.
BRIAN PORTER is a Diving Expert
Association of Personal Injury Lawyers
(APIL) - 1st Tier
'I have been trained and assessed by Bond Solon and
therefore hold the core requisite competence to act as
an expert witness’
Web: www.divingwitness.co.uk
The case is about an English saturation diver who
suffered an injury to his foot whilst working as a commercial diver out in India. The incident occured in
2011. Irwin Mitchell approached me to investigate
and prepare a report (2014). I met with Allan Peacock
EXPERT WITNESS JOURNAL
33
AUGUST/SEPT 2025
