||All England Reporter
|| All ER (D) 73 (May)
|| EWCA Civ 447
||Court of Appeal, Civil Division
Ward, Dyson and Smith LJJ
||Robert Weir (instructed by Kester Cunningham John) for the claimants.
||Christopher Purchas QC (instructed by Fox Hartley) for the defendant.
||7 May 2008
Fatal accident - Damages - Deduction from damages - Deceased having death benefit scheme and employee benefit trust - Accident at workplace resulting in deceased's death - Payments under scheme and trust being made to administratix - Whether payments to be brought into account in assessing damages - s 4.
The judge had erred in holding that s4 of the did not require either of two payments made to the claimant after the death of her husband in the course of his employment, namely a payment from the employer's death in service benefit scheme and a payment from an insurance policy taken out by a trust fund set up by the employer for the benefit of various people including employees, to be disregarded in the assessment of damages to be paid to the claimant in proceedings under the and the 1976 Act.
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