Parry v Cleaver [1969] UKHL 2

Damages claims: The benevolence exception – where does the law stand?

Laura Swaine reviews whether payments made by third parties can be offset in fatal accident claims ‘As the law stands any payment made to the claimant from a JustGiving or public fund set up in aid of the claimant falls within the benevolence exception and is not deducted from any personal injury settlement.’ In recent …

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Case Report: Marsh v Ministry of Justice [2017] EWHC 1040 (QB) (Part 1)

Stress at work, psychiatric injury, disciplinary investigations ‘The judge found that the reasons given for the delay following the discontinuance of the police investigation against the claimant were unjustified and there was no consideration of its effect on the claimant’s health.’ Following a 15-day trial before Thirlwall LJ (as she now is; she was promoted …

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RTAs: Comprehensive insurance, courtesy cars and credit hire

Andrew Hogan examines issues regarding mitigation ‘Those representing claimants have argued successfully that because independently purchased insurance benefits are to be regarded as res inter alios acta, they may not be relied upon by a defendant tortfeasor to reduce or extinguish his liability to the claimant.’ Some credit hire claims, particularly where the claimant is …

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