Griffiths & Ors v British Coal Corporation & Anor [2001] EWCA Civ 336 (27 February 2001)

Griffiths & Ors v British Coal Corporation & Anor [2001] EWCA Civ 336 (27 February 2001)

Reimbursement of benefits under the 1997 Act can be set off against both the capital sum of damages and the interest awarded on those damages for loss of earnings, care, and mobility. Damages for gratuitous care are included within 'cost of care incurred' and are subject to set-off against reimbursed benefits.

Citation
[2001] EWCA Civ 336
Parties
Claimants/appellants: Griffiths & Ors; Defendant/respondent: British Coal Corporation; Defendant/respondent: Department of Trade and Industry
Jurisdiction
England and Wales
Judgment Date
27 February 2001
Procedural Posture
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Compensation Recovery Unit (cru), Set Off of Benefits, Interest on Damages, Gratuitous Care, Assessment of Damages
Personal Injury Social Security Law Statutory Interpretation Compensation Recovery Unit (cru) Set Off of Benefits Interest on Damages Gratuitous Care Assessment of Damages

Case Brief

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Parties

Griffiths & Ors

Claimants/appellants

British Coal Corporation

Defendant/respondent

Department of Trade and Industry

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether benefits reimbursed under the Social Security (Recovery of Benefits) Act 1997 can be set off against interest payable on damages for loss of earnings, care, and mobility.
  2. 2 Whether reimbursement of benefits paid in respect of care can be offset against compensation for gratuitous care.

Ratio Decidendi

Reimbursement of benefits under the 1997 Act can be set off against both the capital sum of damages and the interest awarded on those damages for loss of earnings, care, and mobility. Damages for gratuitous care are included within 'cost of care incurred' and are subject to set-off against reimbursed benefits.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be subject to detailed assessment.
  • Application for permission to appeal to House of Lords refused.