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15 May 2015 / Charles Pigott
Issue: 7652 / Categories: Features , Employment
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All at sea

Charles Pigott observes a divide in the Supreme Court over reasonableness of a contractual decision

The Supreme Court’s decision in Braganza v BP Shipping and another [2015] UKSC 17, [2015] All ER (D) 185 (Mar) marks at least a partial victory for a widow seeking to secure financial compensation following the death of her husband, who disappeared in the North Atlantic in May 2009 while serving as a chief engineer on an oil tanker.

BP decided that Mr Braganza had taken his own life after an enquiry by a team of experts had reached the conclusion that an accident was very unlikely. Given the relatively calm weather and the fact that nobody in the BP fleet had ever fallen overboard from the same class of vessel, it formed the view that suicide was the most likely explanation for his disappearance.

Supreme Court

The issue before the Supreme Court was whether his employers had been in breach of contract in relying on a clause in Mr Braganza’s employment contract which excluded liability to pay survivors’ benefits

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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