B Braganza v BP Shipping Ltd Posted In: Case Law
Case ReferenceUKSC 17
Legal BodyUK Supreme Court / House of Lords (UKSC/UKHL)
Type of Claim / JurisdictionContracts of Employment
Mr Braganza has a chief engineer on an oil tanker and he disappeared whilst in the middle of the North Atlantic ocean. No-one knows what happened to him but the employer concluded that he had committed suicide, and denied his widow contractual death benefits. Had the investigation been extensive enough? More importantly, does evidence have to be of a higher magnitude when behaviour, like suicide, is inherently improbable?
The UK Supreme Court (by a 3:2 majority) has overturned the decision of the Court of Appeal that had denied Mr Braganza's widow the contractual entitlements. It found
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