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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll