Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

FLOWERS v. GEORGE WIMPEY & CO., LTD.

[1955] 2 Lloyd's Rep. 293

QUEEN'S BENCH DIVISION.

Before Mr. Justice Devlin.

Damages-Personal injuries claim-Special damage-Loss of earnings-Award of general damages based on incapacity for short period -Industrial injury benefits received over long period-Assessment of special damage- Extinguishment of claim-Court shall take into account "against any loss of earnings . . . which has accrued or probably will accrue to the injured person from the injuries, one half of the value of any rights which have accrued or probably will accrue . . . in respect of" industrial injury benefits, etc.-"Injuries"-"Taken into account" -Valuation of "rights"-Law Reform (Personal Injuries) Act, 1948, Sect. 2(1).

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