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

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll