Crosset & Ors v. Upper Clyde Shipbuilders Ltd & Anor - neither employer's insolvency nor existence of compensation scheme affect normal rules of set-off of compensation - Court of Session 4.7.08
Edward Crossett died from mesothelioma. Upper Clyde, the successors of his ex-employers, admitted liability and damages were agreed at £70,000. However, Mr Crossett's estate had already received £:9,912 government compensation under the Pneumoconiosis Etc. (Workers Compensation) Act 1979. The simple question was, should this sum be set off against the compensation agreed between the parties?