Appeal against deprivation of citizenship allowed
C3, C4,C C7 v Secretary of State for the Home Department SC/167/2020
The Special Immigration Appeals Commission (SIAC) has today given judgment in C3, C4 and C7 v SSHD, an appeal against the Secretary of State’s decision to deprive C3, C4 and C7 of their British citizenship. Allowing their appeal, SIAC found that the decision to deprive C3, C4 and C7 of their citizenship breached s.40(4) of […]
Widow has real prospect of success in claim for negligence against company based in Bangladesh
Begum v Maran [2020] EWHC 1846 (QB)
This case involves the death of an employee whilst working on the demolition of a defunct oil tanker (“the vessel”) in the Zuma Enterprise Shipyard (“the yard”) in Chittagong (now Chattogram), Bangladesh. The deceased’s widow issued proceedings claiming damages for negligence under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976; alternatively, under Bangladeshi law. The scope of the proceedings has subsequently been broadened inasmuch as draft Amended Particulars of Claim advance a cause of action in restitution: more precisely, unjust enrichment.
Held: The claimant has a real prospect of succeeding in relation to her claim in negligence, however her claim in unjust enrichment is unsustainable. The the claimant has a real prospect of establishing that her claim is governed by English law and that if Bangladeshi law were to apply to the claim in tort, it would be statute-barred.