A plaintiff in a personal injury action, was entitled to claim, and be paid, interest on his award for compensation for lost earnings, even though some part of it was to be paid direct to the Department of Social Security by way of recovery of benefits. The scheme for recovery of benefits paid deliberately stayed clear of complications which would arise if attempts were to be made to recalculate awards if interest on this element was not to be included. Section 17 meant that interest had to be calculated by reference to a figure which ignored the fact that benefits had been received and ignored the fact that the defendant was paying the benefits to the Secretary of State.
Judges:
Lord Slynn of Hadley, Lord Woolf MR, Lord Hope of Craighead, Lord Clyde, Lord Millett
Citations:
Times 07-Apr-2000, Gazette 31-May-2000, [2000] UKHL 24, [2000] 1 WLR 820
Links:
House of Lords, House of Lords, House of Lords, Bailii
Statutes:
Social Security (Recovery of Benefits) Act 1997 17
Jurisdiction:
England and Wales
Citing:
Appeal from – Wisely v John Fulton (Plumbers) Ltd IHCS 2-Dec-1998
Benefits which might be payable or recoverable in respect of damages should not be disregarded when the court considers what elements are to be allowed interest when calculating personal injury damages. . .
Cited by:
Appealed to – Wisely v John Fulton (Plumbers) Ltd IHCS 2-Dec-1998
Benefits which might be payable or recoverable in respect of damages should not be disregarded when the court considers what elements are to be allowed interest when calculating personal injury damages. . .
Cited – Eagle (By Her Litigation Friend) v Chambers CA 29-Jul-2004
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages, Benefits, Scotland
Updated: 31 May 2022; Ref: scu.159058