The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been purchased by contributions made by the plaintiff in the civilan scheme as to 28% and the balance by the employer.
Held: The police pension payments were to be taken into account. Lord Denning said: ‘the contract for a contributory pension was not ‘wholly independent’ of his employment. Nor was it ‘completely collateral’. It was part and parcel of his employment. He was compelled to pay contributions and was entitled as of right to the pension. ‘
Lord Denning MR, Salmon, Wynn LJJ
[1967] 3 WLR 739, [1967] 2 All ER 116, [1968] 1 QB 195, 2 KIR 844
England and Wales
Citing:
Applied – Browning v War Office CA 1962
The plaintiff had been a technical sergeant in the United States Air Force; his pay had been $450 per month and after his injuries caused by the negligence of the defendants’ driver he received only a ‘veteran’s benefit’ of $217 per month
Cited – Bradburn v Great Western Rail Co CEC 1874
The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant.
Held: He was entitled to full damages as well as the payment from the . .
Cited – British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited HL 1912
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the . .
Cited – British Transport Commission v Gourley HL 1955
It is a universal rule that the plaintiff cannot recover more than he has lost and that realities must be considered rather than technicalities. The damages to be awarded for personal injury including loss of earnings should reflect the fact that . .
Cited – Foxley v Olton 1964
Unemployment benefits received by a plaintiff must be set off against a claim for damages. . .
Cited – Monmouthshire County Council v Smith 1956
The court considered whether a police pension which became payable on early retirement through injury was deductible from damages awarded for the injury.
Held: Yes. . .
Cited – Monmouthshire County Council v Smith CA 1957
Whether a pension is to be deducted from damages awarded for personal injury. . .
Cited – Smith v Canadian Pacific Railway Company 1963
(Canada – Saskatchan) A police officer had retired through injury and sought damages. The defendant sought to deduct his pension.
Held: His police pension was to be apportioned so that the portion attributable to his own contributions were to . .
Cited – Jones v Gleeson 1965
(Australia) When a policeman who had retired retired through injury sought damages for that injury, the pension he received as a result of his retirement was to be ignored entirely: ‘In recent years, however, the relevance or otherwise to the issue . .
Cited – Havery v Sharman 28-Feb-1964
. .
Cited – Judd v Board of Governors, Hammersmith, West London and St. Mark’s Hospitals 1960
The plaintiff, a local government officer had made compulsory contributions to his superannuation scheme.
Held: A contributory pension received early on an injury was to be ignored until the normal retiring age, but deducted for the later . .
Cited – Parsons v BNM Laboratories Ltd CA 1963
Unemployment benefit was deductible from damages for wrongful dismissal. The benefit was not ‘purely personal’, the employer had made a contribution, and the plaintif had a duty to mitigate his loss (Sellers LJ). The benefit was not ‘truly . .
Cited by:
Appeal from – 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 – Lowick Rose Llp v Swynson Ltd and Another SC 11-Apr-2017
Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was . .
Lists of cited by and citing cases may be incomplete.
Damages
Leading Case
Updated: 11 November 2021; Ref: scu.237507
