References: [1951] 1 All ER 1034
Coram: Cohen LJ, Singleton LJ, Birkett LJ
A Royal Navy sailor was disabled by a railway accident and was awarded a disability pension of £2 16s. 3d. per week. At first instance J Sellers had held that Bradburn’s case applied so as to prevent deduction of the value of the pension. If it had been deductible that would have reduced the damages for loss of earnings from £3,000 to £750.
Held: The appeal failed. The accident was not the causa causans of the receipt of the pension. Singleton LJ: ‘If there were no pension rights it is reasonable to assume that the pay would be higher. Why, then, should the pension enure to the benefit of a wrongdoer?’ The Minister had power to withhold or reduce the pension.
This case is cited by:
- Affirmed on Appeal – Payne -v- Railway Executive ([1952] 1 KB 26)
Disablement pensions, whether voluntary or not, are to be ignored in the assessment of damages. . . - Cited – Parry -v- Cleaver HL ([1970] AC 1, [1969] 2 WLR 821, [1969] 1 All ER 555, [1969] 1 Lloyd’s Rep 183, Bailii, [1969] UKHL 2)
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 . . - Applied – Judd -v- Board of Governors, Hammersmith, West London and St. Mark’s Hospitals ([1960] 1 WLR 32, [1960] 1 All ER 607)
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 . .
