- Cited — Sasha Burn v Alder Hey Children's NHS Foundation Trust 2021-11-30
“…[2015] UKSC 17, [2015] ICR 449, and…”
- Cited — Sasha Burn v Alder Hey Children's NHS Foundation Trust 2021-11-30
“…troducing some concepts of public law into the employment contract, so that the employer’s decision-making process in a case such as Braganza v BP Shipping Ltd [2015] UKSC 17; [2015] ICR 449 had to be reasonable in the Wednesbury sense: Associated Provincial Picture Houses Ltd v Wednesbury Corpn [1948] 1 KB 223. In my view, if the l…”
- Cited — Curo Places Ltd v Pimlett 2020-12-01
“…tional and made 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 complaint…”
- 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 t…”
- Applied — Equitas Insurance Ltd v Municipal Mutual Insurance Ltd 2019-04-17
“…trary or capricious: 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…”
- Cited — Equitas Insurance Ltd v Municipal Mutual Insurance Ltd 2019-04-17
“…nesbury sense: see 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 exerci…”
- Applied — Aziz v The Fremantle Trust 2018-11-28
“…ly concerned with 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 in…”
- Cited — Property Alliance Group Ltd v The Royal Bank of Scotland Plc 2018-03-02
“…The Socimer 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 disc…”