Date: Mon, 29 Mar 2004 13:14:25 +0100

From: Andrew Tettenborn

Subject: Collateral source rule in the CA

The CA in England has, in a thoroughly sound decision, chopped back the collateral source rule. Employee is injured & off work, eventually having to be fired for ill-health. Disablement insurance arranged by the employer pays out a handsome sum (£122,000 odd). CA deducts it from the claim, finally setting to rest the awkward decision in McCamley v Cammell Laird [1990] 1 WLR 963. It's not benevolence: nor, since the employer provides the premiums, does it come within the insurance disregard.

See Gaca v Pirelli [2004] EWCA Civ 373 (on the Court Service website, maybe elsewhere too).

Andrew

Andrew Tettenborn MA LLB
Bracton Professor of Law

Tel: 01392-263189 / +44-392-263189 (international)
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