A Royal Marine who was left paralysed after diving into shallow waters in the Canary Islands is suing the Ministry of Defence for £8 million. Spencer Vaughan, 27, from Cwmbran in south Wales, broke his neck during an adventure training exercise on Gran Canaria in July 2009.
Vaughan claims the MoD should have warned him about the dangers of diving in the area. However, MoD lawyers argue that the marine made an 'ill-judged decision' while relaxing with friends. The High Court in London heard that Vaughan was swimming and exercising with his commando unit on a beach when the incident occurred.
Vaughan said he walked into the sea to 'cool off' but suffered catastrophic spinal injuries when his head hit a sandbar during a surface dive. His legal team contends that the accident happened while he was on duty, making the MoD liable. But Malcolm Sheehan QC, for the MoD, stated that Vaughan was 'chilling out' and had a free choice about how to spend his time.
Vaughan denied claims that he performed a 'Baywatch-style' dive, insisting he walked carefully into the water to avoid a young family. Both sides agree that Vaughan sustained life-changing injuries that have left him unable to walk. Despite this, he has trained as a fitness instructor and is starting a degree in sports bio-medicine and nutrition at Cardiff Metropolitan University.
The judge, Mr Justice Davis, adjourned the hearing and said he would deliver a ruling at a later date.
