Wade & Anor v Active Navigation Ltd [2008] EWHC 2858 (Ch) (14 November 2008)

Wade & Anor v Active Navigation Ltd [2008] EWHC 2858 (Ch) (14 November 2008)

Active Navigation Limited, through its financial controller Mrs Andrews, was negligent in failing to ensure the acceptance of increased cover was returned to the insurer and in failing to follow up on the lack of confirmation and premium increase, resulting in loss to Mrs Wade. There was no express or implied contractual obligation to guarantee payment of four times salary irrespective of insurance, and no breach of trust as the required premiums for the cover actually in place were paid.

Citation
[2008] EWHC 2858 (Ch)
Parties
Claimant: Gillian Wade; Claimant: Gillian Wade (Executrix of the Estate of Andrew Wade deceased); Defendant: Active Navigation Limited
Jurisdiction
England and Wales
Judgment Date
14 November 2008
Procedural Posture
Civil / High Court Judgment
Outcome
Claim for negligence succeeds; claims for breach of contract and breach of trust fail.
Legal Topics
Death in Service Benefits, Negligence, Breach of Contract, Breach of Trust, Vicarious Liability
Employment Law Insurance Law Trusts Law Contract Law Death in Service Benefits Negligence Breach of Contract Breach of Trust +1 more

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Parties

Gillian Wade

Claimant

Gillian Wade (Executrix of the Estate of Andrew Wade deceased)

Claimant

Active Navigation Limited

Defendant

Procedural Posture

Civil / High Court Judgment

Legal Issues

  1. 1 Whether Active Navigation Limited was negligent in failing to secure full death in service cover for Mr Wade's full salary
  2. 2 Whether there was a breach of contract to provide death in service benefits of four times Mr Wade's actual salary
  3. 3 Whether there was a breach of trust in failing to pay the required premiums for full cover

Ratio Decidendi

Active Navigation Limited, through its financial controller Mrs Andrews, was negligent in failing to ensure the acceptance of increased cover was returned to the insurer and in failing to follow up on the lack of confirmation and premium increase, resulting in loss to Mrs Wade. There was no express or implied contractual obligation to guarantee payment of four times salary irrespective of insurance, and no breach of trust as the required premiums for the cover actually in place were paid.

Court Disposition

Claim for negligence succeeds; claims for breach of contract and breach of trust fail.

Orders

  • Active Navigation Limited to pay Mrs Wade £116,932 plus interest for negligence.
  • No order on breach of contract or breach of trust.