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27 March 2015
Issue: 7646 / Categories: Case law , Law digest , In Court
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Employment

Braganza v BP Shipping Ltd and another [2015] UKSC 17, [2015] All ER (D) 185 (Mar)

The appellant’s husband was found by the second respondent employer to have committed suicide, depriving her of the death benefits provided for in his employment contract. The Supreme Court held that a decision that an employee had committed suicide was not a rational or reasonable decision, unless the employer had had it clearly in mind that suicide was such an improbability that cogent evidence was required to form the positive opinion that it had taken place. In the present case, there was no sufficiently cogent evidence to justify the respondents in forming the positive opinion that the husband had committed suicide.

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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
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The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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