- Cited — The Commissioners For HMRC v Bluecrest Capital Management LP & Ors 2023-12-15
“…y be an implied term that the discretion may only be exercised in good faith and not arbitrarily, capriciously, or irrationally: see Braganza v BP Shipping Ltd [2015] 1 WLR 1661. We therefore accept that it was an implied term of the Partnership Deed that the Corporate Partner would not exercise the discretion in clause 7.4(C) except i…”
- Cited — Mackie Motors (Brechin) Limited v RCI Financial Services Limited 2023-05-04
“…ender relied both on an obligation of good faith to be implied in a relational contract and the well-known dictum in Braganza v BP Shipping Ltd [2105] UKSC 17, [2015] 1 WLR 1661. There is no dispute that a relational contract involves trust and confidence and that the other party will act with integrity and in a spirit of cooperation: …”
- Cited — Curo Places Ltd v Pimlett 2020-12-01
“…after consideration of all obviously relevant considerations and the exclusion of all irrelevant considerations: see Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661. Additional protection is provided by the landlord’s statutory status as a registered provider of social housing, and the internal complaints procedure and the…”
- Cited — Maughan, R (On the Application Of) v Her Majesty's Senior Coroner for Oxfordshire 2019-05-10
“…In Braganza v BP Shipping Limited [2015] UKSC 17, [2015] 1 WLR 1661, Lady Hale, after referring to the decision in ex parte Gray and to the comments of Longmore LJ in the Court of Appeal in the instant case that ex parte Gray m…”
- Applied — Equitas Insurance Ltd v Municipal Mutual Insurance Ltd 2019-04-17
“…ous: see e.g. Socimer International Bank Ltd v Standard Bank London Ltd [2008] EWCA Civ 116, [2008] Bus LR 1304; and Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661); and (3) New York authority where a wider concept of good faith in insurance contracts applies (e.g. United States Fidelity & Guaranty Co v American ReInsuran…”
- Cited — Equitas Insurance Ltd v Municipal Mutual Insurance Ltd 2019-04-17
“…ee Socimer International Bank Ltd v Standard Bank London Ltd [2008] EWCA Civ 116; [2008] 1 Lloyd’s Rep 558, para 66; Braganza v BP Shipping Ltd [2015] UKSC 17; [2015] 1 WLR 1661, paras 19-30. What is honest and reasonable is judged by reference to the purpose(s) which the contract requires or permits the party exercising the relevant p…”
- Explained — North West Anglia NHS Foundation Trust v Gregg 2019-03-19
“…h is separate from the term of trust and confidence: see Chakrabarty v Ipswich NHS Trust [2014] EWHC 2735 (QB). And in Braganza v BP Shipping Limited & Another [2015] 1 WLR 1661, Baroness Hale referred to the approach in judicial review cases, and explained ([24]) that there are two limbs of the Wednesbury test, the first part focusing…”
- Applied — Aziz v The Fremantle Trust 2018-11-28
“…h an allegation that the ET erred in law by failing to consider and apply the guidance given by the Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17; [2015] 1 WLR 1661 regarding the operation of a contractual discretion under a contract of employment. It is said that the Respondent failed sufficiently to investigate other opt…”
- Cited — Property Alliance Group Ltd v The Royal Bank of Scotland Plc 2018-03-02
“…case (but not, it seems, Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd) was also cited in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661. In that case, Baroness Hale DPSC, with whom Lord Kerr JSC agreed, said this (in paragraph 18):…”
- Cited — No.1 West India Quay (Residential) Ltd v East Tower Apartments Led 2018-02-21
“…Since the landmark decision of the Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661 we have also learned that the exercise of a contractual discretion is to be judged by the same principles as the exercise of public law discretions. A line of …”