16 May 2008
TORT Arnup (administratrix of Arnup deceased) and another v MW White Ltd [2008] EWCA Civ 447, [2008] All ER (D) 73 (May)
Where, after the death in service of her husband, a widow receives payments out of a death in service benefit scheme and a trust fund established by the employer, such payments fall within the disregard provision in s 4 of the Fatal Accidents Act 1976.
The issue of causation is no longer a matter of any great importance in cases of this kind. Now that the statutory disregard provisions cover all benefits which accrue as the result of the death, it no longer matters whether a benefit accrues as the result of the death; it cannot be deducted in any event (Lady Justice Smith at 27).
