Huddersfield diver's £1m poison claim

Oct 30 2009 Huddersfield Daily Examiner

Now, in a unique test case at London’s Civil Appeal Court, Kadams’ lawyers are arguing that the trio's claims fall foul of a strict 12-month time limit imposed by Saudi law on labour-related compensation claims and must be dismissed.

However the three men’s legal team insists their cases are not “out of time” and should be allowed to proceed. They maintain the claims fall under the auspices of Shari’ah law – the 1,400 year-old Muslim law code, which does not impose such strict court deadlines.

In January, High Court judge, Mr Justice Foskett, gave the three divers the go ahead to press on with their cases against Kadams, dismissing arguments that they had left it too late to sue.

But Kadams’ QC, Stephen Cogley, argued on appeal that, within two months of the accident, the three men had consulted lawyers in the UK, giving them ample time to launch a damages claim within the 12-month time limit.

Instead, it was not until May 2006 that the three men “commenced proceedings”, he told the court.

Recognising the importance of the case to the three men, and others injured abroad, Lords Justice Potter and Rimer and Sir John Chadwick reserved their ruling in the case until an unspecified later date.