When calculating the losses suffered by a victim of crime, the allowance to be made for losses to a retirement pension through having to retire early should have set off against them, the benefits received by way of payments for his ill-health, which payments he would not have received but for the incident. The section did not apply to prohibit from inclusion a calculation where the claim itself was for a loss to his contractual pension. The section should be applied so far as the nature of the benefit which was in issue was relevant to the assessment of that head of damages.
Judges:
Lord Bingham of Cornhill Lord Steyn Lord Hope of Craighead Lord Hobhouse of Wood-borough Lord Scott of Foscote
Citations:
Times 16-Jul-2001, [2001] UKHL 36, 2001 GWD 24-879, 2001 SLT 966, 2002 SCLR 185, 2002 SC (HL) 1
Links:
Statutes:
Administration of Justice Act 1982 10
Jurisdiction:
Scotland
Citing:
Appeal from – Cantwell v Criminal Injuries Compensation Board IHCS 9-Feb-2000
The petitioner appealed a refusal of his claim for compensation. He was a serving police officer injured whilst arresting an offender. He had retired on medical grounds and received pensions, which the Board found deductible from any award reducing . .
Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Cited – Livingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
Cited – Paff v Speed 6-Apr-1961
(High Court of Australia) ‘The first consideration is what is the nature of the loss or damage which the plaintiff says he has suffered.’
Damages – Personal injuries – Matters to be considered in reduction of damages – Plaintiff policeman at . .
Cited – Longden v British Coal Corporation HL 13-Mar-1997
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit.
Held: The issue of deductibility where the claim is for . .
Cited – Auty v National Coal Board CA 1985
A widow received a widow’s pension under a Coal Board scheme on the death of her husband, which had been caused by the defendants’ negligence.
Held: She did not have to give credit for this pension when the value of her dependency on her . .
Cited – Wilson v National Coal Board HL 1981
A entire colliery closed down and all employees other than the pursuer were offered and accepted alternative employment, thus disqualifying them from receiving redundancy payments. The pursuer, who had been injured by the accident for which the . .
Cited – John Leebody v Gordon Liddle SCS 31-Mar-2000
The pursuer’s claim for damages also included a claim for loss of pension rights. The amount of the difference between the pension which the pursuer would have received under his employers’ pension scheme had he retired at the age of 65 and the . .
Approved – John Leebody v Gordon Liddle SCS 31-Mar-2000
The pursuer’s claim for damages also included a claim for loss of pension rights. The amount of the difference between the pension which the pursuer would have received under his employers’ pension scheme had he retired at the age of 65 and the . .
Cited – Davidson v Upper Clyde Shipbuilders 1990
The pursuer could make no claim for loss of pension rights for the period after which she would have become entitled to a widow’s pension in her own right after her husband’s death. . .
Cited by:
Appealed to – Cantwell v Criminal Injuries Compensation Board IHCS 9-Feb-2000
The petitioner appealed a refusal of his claim for compensation. He was a serving police officer injured whilst arresting an offender. He had retired on medical grounds and received pensions, which the Board found deductible from any award reducing . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 10 June 2022; Ref: scu.162830