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 analogous’ to insurance moneys’ (Harman LJ). It was not too remote a consequence of the wrongdoing and was payable as a matter of general right rather than by virtue of a private insurance policy (Pearson LJ).
Judges:
Sellers LJ, Harman LJ, Pearson LJ
Citations:
[1963] 2 All ER 658, [1964] 1 QB 95, [1963] 2 WLR 1273
Jurisdiction:
England and Wales
Cited by:
Cited – Parry v Cleaver CA 9-May-1967
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 . .
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 . .
Lists of cited by and citing cases may be incomplete.
Damages, Employment
Updated: 28 July 2022; Ref: scu.237508
