Daish v Wauton: CA 1972

The plaintiff, a young child, was seriously injured. In calculating his loss of future earnings, the judge at first instance had made a substantial reduction to reflect the cost of maintaining himself which the child would have incurred if uninjured but which, in the event, he would not incur because he would be supported in a state institution free of cost.
Held: The Court disapproved of that approach, holding that benefits received under the National Health Service should be ignored.


[1972] 2 QB 262


England and Wales

Cited by:

CitedO’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 14 May 2022; Ref: scu.250029