Braganza v BP Shipping Ltd and Others: CA 22 Mar 2013

The claimant widow sued in negligence after the disappearance overboard of her husband from the respondent’s ship. The court had found insufficient evidence to establish the cause of death, either as to negligence as suggested by the claimant, or as to suicide as suggested by the defendant.
Held: The evidence for suicide was sufficient.

Longmore, Rimer, Tomlinson LJJ
[2013] EWCA Civ 230, [2013] ICR D18
Fatal Accidents Act 1976
England and Wales
Appeal fromBraganza v BP Shipping Ltd and Another ComC 30-May-2012
The claimant said that her husband, serving as an officer on the defendant’s ship was lost overboard as a result of the defendant’s negligence.
Held: The claim under the 1976 Act failed, but the court awarded the contractual sum claimed.
See Also (costs)Braganza v BP Shipping Ltd and Another AdCt 15-Jun-2012
The judge considered the award of costs where the claimant had succeeded in some part of her claim, but failed in others. . .
CitedRegina v West London Coroner ex parte Gray CA 1988
Before a coroner’s jury could reach a verdict of unlawful killing, it had to be satisfied ‘that the act or omission of a single person must amount to unlawful conduct which was a substantial cause of death’, although Rule 42 of the Coroners Rules . .
CitedIn re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
CitedIn re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening) HL 11-Jun-2008
Balance of probabilities remains standard of proof
There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having . .
CitedCVG Siderurgicia del Orinoco SA v London Steamship Owners’ Mutual Insurance Association Limited ‘The Vainqueur Jose’ 1979
The plaintiff sought to claim under the rules of the P and I club of which it was a member. After defining the risks in respect of which members were to be indemnified, the rules made the following proviso in Rule 8(k): ‘A member shall at the . .

Cited by:
Appeal fromBraganza v BP Shipping Ltd SC 18-Mar-2015
The claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Contract

Updated: 09 November 2021; Ref: scu.471955