header-logo header-logo

16 May 2008
Issue: 7321 / Categories: Case law , Law digest
printer mail-detail

Tort

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).

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll