Pope v Energem Mining (IOM) Ltd: CA 5 Sep 2011

The deceased had been one of several abducted and killed whilst employed by the defendants in Angola. The company had promised to insure his life, but the insurers said that liability under the policy was capped. The claimant, the deceased’s mother and personal representative and company could neither agree to its release in satisfaction of the claim. She now appealed against the calculation of damages and sought to re-open various earlier decisions.
Held: The damages ahd been miscalculated and were adjusted accordingly. However the balance of applications were refused.


Rix, Patten LJJ


[2011] EWCA Civ 1043




England and Wales


CitedPirelli General Plc and others v Gaca CA 26-Mar-2004
The claimant was awarded damages from his employers, who claimed that the benefits received by the claimant from an insurance policy to which the defendants had contributed should be set off against the claim.
Held: McCamley was no longer good . .
Appeal fromPope v Energem Mining (IOM) Ltd QBD 27-Jan-2010
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Lists of cited by and citing cases may be incomplete.


Updated: 25 March 2022; Ref: scu.443607