Daniel was a commercial diver, who lived in Southampton with his wife Sophie and his daughter Jessica. Daniel obtained employment with Tesma Seas Divers Company Ltd (TSD), a company incorporated in Austria with its head office in Salzburg. In early 2016 Daniel arrived in Budapest, Hungary and began working on an offshore oil rig as a deep-sea diver. Each day the decompression chamber in which the divers spent time decompressing after each days diving, was brought back to Budapest. After one day, the decompression chamber operator, an employee of TSD, failed to monitor the rate of decompression, and the pressure in the chamber fell too rapidly, causing Daniel to suffer a massive air embolism which killed him. It was accepted that Daniel would not have died was it not for the oversight of the TSD decompression chamber operator. Daniel’s employment contract with TSD provided that should Daniel be injured, or upon his death, then his dependants, would have a right to compensation out of a worker’s compensation fund to which TSD contributed. Under the English Employment Act of 2008, such a provision replaced any right of action the employee would have had against the employer, and any such right of action would be extinguished. The Employment Act would apply whenever the ‌‌‌‍‍‌‍‌‌‍‍‌‍‍‌‌‌‍‍ proper law of the employment contract was the law of England. In Austria the contract would be ineffective. In Hungary, the provisions prohibiting legal proceedings are referred to in the Civil Code as being contrary to public policy and as such would render the whole contract void. Daniel was in Brisbane when he negotiated the terms of his contract with TSD in Salzburg. The contract was written in English, and signed by Daniel and TSD’s agent in Salzburg. It was to be performed completely in Hungary, and Daniel was to be paid in Budapest in the Hungarian forints (the local currency). Sophie, Daniel’s widow has brought proceedings against TSD in the Supreme Court of England for wrongful death. TSD was properly served in Salzburg under the provisions of the English Civil Procedure Rules, Rule 6. There is provision for an action for wrongful death in Austria and England, but not in Hungary, However, Hungary would have allowed Daniel to recover damages against TSD, had he lived, as an action in tort under the Hungarian Civil Code. Sophie seeks your advice as to the law which will apply to the dispute if proceedings are brought in England. Advise Sophie. Answer requires a discussion of both tort and contract and reference to relevant authorities including ‌‌‌‍‍‌‍‌‌‍‍‌‍‍‌‌‌‍‍ case law.