AVIVA INSURANCE LTD AND ANOTHER V SECRETARY OF STATE FOR WORK AND PENSIONS

[2022] EWCA Civ 15, Court of Appeal, Sir Julian Flaux, Chancellor, Lord Justice Dingemans and Lady Justice Carr, 14 January 2022

Insurance (liability) – Employers’ liability insurers liable to pay the amount of all social security benefits received by an injured person whether or not there was matching tort liability – Whether legislation infringed insurers’ human rights – Social Security (Recovery of Benefits) Act 1997 – Human Rights Act 1998

Under the Social Security (Recovery of Benefits) Act 1997 a liability insurer is obliged to pay to the Compensation Recovery Unit of the Department of Work and Pensions the full amount of any state benefits paid to the person receiving damages from the insurer.