Administration of Justice Act 1982

10 Assessment of damages for personal injuries. S

Subject to any agreement to the contrary, in assessing the amount of damages payable to the injured person in respect of personal injuries there shall not be taken into account so as to reduce that amount—

(a) any contractual pension or benefit (including any payment by a friendly society or trade union);

(b) any pension or retirement benefit payable from public funds other than any pension or benefit to which section 2(1) of the M1 Law Reform (Personal Injuries) Act 1948 applies;

(c) any benefit payable from public funds, in respect of any period after the date of the award of damages, designed to secure to the injured person or any relative of his a minimum level of subsistence;

(d) any redundancy payment under [F1 the Employment Rights Act 1996], or any payment made in circumstances corresponding to those in which a right to a redundancy payment would have accrued if [F1 section 135] of that Act had applied;

(e) any payment made to the injured person or to any relative of his by the injured person’s employer following upon the injuries in question where the recipient is under an obligation to reimburse the employer in the event of damages being recovered in respect of those injuries;

(f) subject to paragraph (iv) below, any payment of a benevolent character made to the injured person or to any relative of his by any person following upon the injuries in question;

but there shall be taken into account—

(i) any remuneration or earnings from employment;

(ii) any [F2 contribution-based jobseeker’s allowance (payable under the Jobseekers Act 1995)];

(iii) any benefit referred to in paragraph (c) above payable in respect of any period prior to the date of the award of damages;

(iv) any payment of a benevolent character made to the injured person or to any relative of his by the responsible person following on the injuries in question, where such a payment is made directly and not through a trust or other fund from which the injured person or his relatives have benefited or may benefit.

Textual Amendments

F1 Words in s. 10(d) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 20 (with ss. 191-195, 202)

F2 Words in s. 10(ii) substituted (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 6; S.I. 1996/2208, art. 2

Marginal Citations

M1 1948 c. 41.