Search Results for: Social Security (Recovery of Benefits) Act 1997

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Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999

In personal injury cases, a judge deciding on the award of costs after a payment in, and where a benefits recovery was to take effect, was to judge the issue of costs by measuring the offer against the payment in or written offer, aggregated with the effect of the benefits to be deducted. Citations: Times … Continue reading Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999

Geoffrey Chatwin v Janice Lowther: CA 21 May 2003

The case concerned the meaning of the phrase ‘compensation for earnings lost’ as it applied to self employed persons. Held: The fact that a person’s accounts described fees as turnover, did not prevent them being still earnings within the Act. Judges: Lord Justice Brooke Lady Justice Hale Mr Justice Wilson Citations: [2003] EWCA Civ 729, … Continue reading Geoffrey Chatwin v Janice Lowther: CA 21 May 2003

Clenshaw v Tanner and others: CA 27 Nov 2002

The claimant was a cyclist. He passed along inside a line of traffic, and collided with a lorry turning left into a petrol station ahead of him, suffering serious injuries. He appealed against a finding that the lorry driver had signalled and that he had not been watching where he was going. Held: The claimant … Continue reading Clenshaw v Tanner and others: CA 27 Nov 2002

Spence v Wilson and Others (No 2): OHCS 18 May 1998

When calculating interest on the loss of a primary family wage, the court was not to deduct benefits from such payments, and interest can be included in the total to be offset against his own liability to repay benefits. Citations: Times 18-May-1998 Statutes: Social Security (Recovery of Benefits) Act 1997 Jurisdiction: Scotland Personal Injury, Damages … Continue reading Spence v Wilson and Others (No 2): OHCS 18 May 1998

Williams v Devon County Council: CA 18 Mar 2003

The claimant had recovered damages, but was ordered to pay costs since she had recovered less than was paid in. She appealed. Held: There were anomalies in the system with regard to the recoverable social security benefits. The sums recoverable were not reduced in line with any reduction for contributory negligence, benefits could be recovered … Continue reading Williams v Devon County Council: CA 18 Mar 2003

Wisely v John Fulton Plumbers Ltd (Scotland) and Wadey v Surrey County Council: HL 6 Apr 2000

A plaintiff in a personal injury action, was entitled to claim, and be paid, interest on his award for compensation for lost earnings, even though some part of it was to be paid direct to the Department of Social Security by way of recovery of benefits. The scheme for recovery of benefits paid deliberately stayed … Continue reading Wisely v John Fulton Plumbers Ltd (Scotland) and Wadey v Surrey County Council: HL 6 Apr 2000

Griffiths and Others v British Coal Corporation and Another: CA 27 Feb 2001

The interest payable on an award of damages for past loss of earnings for personal injury was liable to be subject to the deduction rules applying in respect of benefits paid. Such interest fell within the definition of ‘compensation for earnings lost’ as defined in the Act. Citations: Times 13-Mar-2001, [2001] EWCA Civ 336 Links: … Continue reading Griffiths and Others v British Coal Corporation and Another: CA 27 Feb 2001

Wadey v Surrey County Council: CA 8 Jan 1999

The effect of benefits should be disregarded when calculating interest payable on past loss of earnings damages. The new legislation did not restore the common law position, but excluded benefits from not only the basic calculations, but the interest also. Citations: Times 08-Jan-1999, Gazette 27-Jan-1999 Statutes: Social Security (Recovery of Benefits) Act 1997, Social Security … Continue reading Wadey v Surrey County Council: CA 8 Jan 1999

Mccarthy v Recticel Ltd: QBD 11 Dec 1998

Where there had been an unconscionable delay in the prosecution of an action, the defendant could show sufficient to show prejudice where an intervening change in the benefits recoupment regulations very substantially increased the amounts payable. Citations: Times 11-Dec-1998, Gazette 13-Jan-1999 Statutes: Social Security (Recovery of Benefits) Act 1997 Personal Injury Updated: 09 April 2022; … Continue reading Mccarthy v Recticel Ltd: QBD 11 Dec 1998

Eagle (By Her Litigation Friend) v Chambers: CA 29 Jul 2004

The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to brokers for the advice given to the Court of Protection which would … Continue reading Eagle (By Her Litigation Friend) v Chambers: CA 29 Jul 2004