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Griffiths v British Coal Corporation, Court of Appeal, 27 February 2001

9 April 2001
The issues

Compensation Recovery Unit Benefit

The facts

1. Whether benefits are recoupable as against interest in respect of the relevant head of damage as opposed to damages paid in respect of the head of damage itself.

2. Whether benefits provided in respect of care could be offset against the cost of care gratuitously provided.

The decision

1. Interest – interest on compensation could probably be considered to be compensation itself. There was no reason why a Claimant entitled to interest in respect of financial losses (which he had not in fact sustained) should be paid interest in those circumstances and accordingly the compensator was entitled to offset against the interest itself.

2. Care – it would be manifestingly unjust if the Compensator was not entitled to offset reimbursement of care benefits against liability to pay special damages in respect of care gratously provided.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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