Wade & Anor v Active Navigation Ltd

Wade & Anor v Active Navigation Ltd

Active Navigation Limited, through Mrs Andrews, was negligent in failing to ensure the acceptance of the insurer’s offer for full salary cover was returned and in failing to notice the absence of increased premium payments or confirmation from the insurer. This negligence caused the loss of the additional death in service benefit. There was no express or implied contractual term guaranteeing payment of four times salary irrespective of insurer agreement, and no breach of trust as all due premiums were paid for the cover actually in place.

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 / Judgment After Trial
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, Implied Terms, Duty of Care
Employment Law Insurance Law Trust Law Contract Law Tort Law Death in Service Benefits Negligence Breach of Contract +4 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 / Judgment After Trial

Legal Issues

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

Ratio Decidendi

Active Navigation Limited, through Mrs Andrews, was negligent in failing to ensure the acceptance of the insurer’s offer for full salary cover was returned and in failing to notice the absence of increased premium payments or confirmation from the insurer. This negligence caused the loss of the additional death in service benefit. There was no express or implied contractual term guaranteeing payment of four times salary irrespective of insurer agreement, and no breach of trust as all due premiums were paid for the cover actually in place.

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.