Benefits Received By Widow Should Not Be Taken Into Account When Assessing Damages

Arnup (administratrix of Arnup deceased) and another v MW White Ltd [2008] EWCA Civ 447

The facts: H was killed at work. H's widow, C, received two lump sums:

• The first lump sum of £129,600 came from a death in service benefit scheme operated by H's employer (D). D paid the premiums for the scheme, under which a lump sum was payable to D if an employee died. D then had the power to pay it to the deceased's estate or his dependants.

• The second lump sum of £100,000 came from D's "Employee Benefit Trust". The trustees of the trust fund had insured the lives of various employees (including H), and decided to pay the proceeds of the insurance policy to C.