This case involves the death of an employee whilst working on the demolition of a defunct oil tanker in the Zuma Enterprise Shipyard 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 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.
Richard Hermer QC was involved in this case.
Please find judgment here.