The areas of work in which we have particular expertise, experience and excellence.
News | Mon 13th Apr, 2015
In Braganza v BP Shipping the Supreme Court, by a majority of 3 to 2 led by Lady Hale, have taken a small step towards incorporating the public law approach in judicial review of the exercise of a discretion into the private law of contractual rights. The case concerned the loss of a chief engineer overboard from his ship in mid-Atlantic. The Claimant had lost her claim in the Admiralty Court for damages in tort against the shipowners, but claimed payment of a death in service benefit that was not payable if the shipowner was of the opinion that the death as due to suicide. The shipowner’s investigation into the death, which concluded that the death was due to suicide, was upheld, but the court nevertheless concluded that it was insufficient to deprive the widow of the contractual death in service benefit. Grahame Aldous QC and Christopher Wilson of 9 Gough Chambers acted for the respondents in the Admiralty Court action and in the Supreme Court.
The extent of this move by the Supreme Court is due to be tested further in a Krebbs v NHS Commissioning Board, which raises the issue of how the court should approach issues of reasonableness in a dentist’s contract for the supply of dental services to the NHS. The matter is subject to appeal to the Supreme Court from the Court of Appeal, which applied a more limited approach than is suggested by the Supreme Court in Braganza. Simon Butler of 9 Gough Chambers is acting for the appellant.
|cookielawinfo-checkbox-advertisement||1 year||The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Advertisement".|
|cookielawinfo-checkbox-analytics||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".|
|cookielawinfo-checkbox-functional||11 months||The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".|
|cookielawinfo-checkbox-necessary||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".|
|cookielawinfo-checkbox-others||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.|
|cookielawinfo-checkbox-performance||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".|
|CookieLawInfoConsent||1 year||Records the default button state of the corresponding category & the status of CCPA. It works only in coordination with the primary cookie.|
|wp_law_pdfbuilder_bespoke||1 Year||Used for the portfolio builder|
|wp_law_pdfbuilder_list||1 Year||Used for the portfolio builder|
|_gat||1 minute||This cookies is installed by Google Universal Analytics to throttle the request rate to limit the colllection of data on high traffic sites.|
|_ga||2 years||This cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.|
|_ga_DLW5B5N3YK||2 years||This cookie is installed by Google Analytics.|
|_gid||1 day||This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the website is doing. The data collected including the number visitors, the source where they have come from, and the pages visted in an anonymous form.|
|CONSENT||2 years||YouTube sets this cookie via embedded youtube-videos and registers anonymous statistical data.|
|VISITOR_INFO1_LIVE||5 months 27 days||A cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.|
|YSC||session||YSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages.|
|yt-remote-connected-devices||never||YouTube sets this cookie to store the video preferences of the user using embedded YouTube video.|
|yt-remote-device-id||never||YouTube sets this cookie to store the video preferences of the user using embedded YouTube video.|