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Payne v Railway Executive; 2 Jan 1951

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.
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