The plaintiff sought damages after being injured at work. The defendant sought to set off against the damages to be awarded sums received by way of a collateral benefit.
Held: Roch LJ said: if the plaintiff were not permitted to recover the difference between the retirement pension he would have enjoyed after the normal retirement age and the incapacity pension, the tortfeasor would enjoy an advantage, namely the saving which he would make on the calculation of the loss of earnings which left the pension contributions out of account in computing the net loss. He saw this as being necessary in order to ensure that there was no element of double recovery. As to the dicta of Lord Wilberforce in Dews: ‘This observation makes it clear, in my opinion, that payments of disability pension preceding the date on which Mr. Parry would have retired from the police service in the normal course of events, had the accident not occurred, were not to be taken into account in computing the damages for loss of pension.’
Judges:
Roch LJ
Citations:
[1995] ICR 957
Jurisdiction:
England and Wales
Citing:
Cited – Dews v National Coal Board HL 1988
The plaintiff miner sought damages for an injury suffered at work.
Held: An employee who had been injured at work could not recover unpaid pension contributions, which had no effect on his pension entitlement, as part of his loss of pay while . .
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 by:
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 . .
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 12 December 2022; Ref: scu.237506