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Arnup & anor v MW White Ltd - the "benevolence exception" when calculating compensation - High Court (QBD) 27.4.07

Mr Arnup suffered fatal injuries during the course of his employment. Liability was not disputed by the employer. However the employer argued that payments of £129,600 and £100,000 derived from its Death Benefit Scheme and Employee Benefit Trust scheme should be offset against any damages it might be ordered to pay. The widow argued that these payments should be disregarded either by reason of Fatal Accidents Act 1976 s.4 (which provides that "In assessing damages in respect of a person's death ... benefits which have accrued ...

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