header-logo header-logo

15 May 2015 / Charles Pigott
Issue: 7652 / Categories: Features , Employment
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll