Arnup v MW White Ltd - payments received by spouse as result of fatal accident should be disregarded when assessing damages - Court of Appeal 7.5.08
Mrs Arnup received two payments (Death Benefit Scheme (DBS) and Employee Benefit Trust Scheme (EBTS) from Whites when Mr Arnup was killed in an accident. She then sued for damages. The High Court held that neither Fatal Accidents Act 1976 s.4 or the "insurance exception" applied to either payment in this case. The "benevolence exception" did, but only to the payment from the EBTS. Otherwise the payments made should be offset against any damages.