Correa & Ors v BP Plc & Ors

Correa & Ors v BP Plc & Ors

The court approved the confidential settlement and apportionment of damages between the widow and children, finding the approach sensible, reasonable, and protective of the children's interests, and directed that the terms of settlement remain confidential to protect the claimants' privacy.

Parties
Claimant: Mrs Claudia Cristina Gaviria Correa; Claimant: Miss Isabela Estrada Gaviria; Claimant: Miss Luciana Estrada Gaviria; Claimant: Mrs Nicola Louise John; Claimant: Master Ralph Thomas John; Defendant: BP PLC; Defendant: BP Exploration Operating Company Limited; Defendant: BP Amoco Exploration (In Amenas) Limited
Jurisdiction
England and Wales
Judgment Date
08 February 2019
Procedural Posture
Fatal Accident Claim / Settlement Approval Hearing
Outcome
settlement approved
Legal Topics
Employer's Liability, Duty of Care, Breach of Duty, Settlement Approval, Confidentiality, Apportionment of Damages
Tort Personal Injury Fatal Accidents Employer's Liability Duty of Care Breach of Duty Settlement Approval Confidentiality +1 more

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Parties

Mrs Claudia Cristina Gaviria Correa

Claimant

Miss Isabela Estrada Gaviria

Claimant

Miss Luciana Estrada Gaviria

Claimant

Mrs Nicola Louise John

Claimant

Master Ralph Thomas John

Claimant

BP PLC

Defendant

BP Exploration Operating Company Limited

Defendant

BP Amoco Exploration (In Amenas) Limited

Defendant

Procedural Posture

Fatal Accident Claim / Settlement Approval Hearing

Legal Issues

  1. 1 Whether the settlement of fatal accident claims on behalf of dependants should be approved by the court
  2. 2 Whether the terms of settlement should remain confidential
  3. 3 Whether the apportionment of damages between widow and children is appropriate

Ratio Decidendi

The court approved the confidential settlement and apportionment of damages between the widow and children, finding the approach sensible, reasonable, and protective of the children's interests, and directed that the terms of settlement remain confidential to protect the claimants' privacy.

Court Disposition

settlement approved

Orders

  • Settlement of claims approved as being in the best interests of the child claimants.
  • Apportionment of damages between widow and children approved.