Arnup has clarified how courts approach fatal accident claims, says Robert Weir
In Arnup v M W White Ltd [2008] EWCA Civ 447, [2008] All ER (D) 73 (May), the Court of Appeal had to decide whether, in assessing damages under the Fatal Accidents Act 1976 (FAA 1976) as amended, payments made shortly after death to a widow by a defendant and third party should be set off the claim for damages. At first instance, the judge had decided that, in principle, they should. This judgment led to a period of uncertainty with insurance companies arguing in numerous cases that similar payments should be set off against the claims for damages. The Court of Appeal swept aside this uncertainty with a clear declaration that benefits from whatever source are to be disregarded in calculating damages in fatal accident litigation.
Mr Arnup worked as yard foreman at a plant recycling waste paper. On 22 December 2003 he was inside a hogger machine trying to unblock a jam with the assistance of his son when the machine was suddenly started
