work. Each settled his personal injury claim on the basis that no claim could be made for loss of earnings during the time of incapacity, because he would not have been able to find work even if fit. Thus, the claims were solely for general damages for pain, suffering and loss of amenity. Nevertheless, the Court of Appeal held that the Department of Social Security were entitled to recoup benefits paid. Such recoupment resulted in the applicants being under-compensated for their injuries and suggests that, as a matter of principle, a claim for loss of non-recoupable benefit should have been claimed as damages by the applicants against tortfeasors. EXTINCTION OF LIABILITY : Statutory rules govern the time limits within which civil actions must be brought. Special rules have extended the time limits where the damage is latent and does not manifest itself until long after the injury was inflicted. Industrial diseases, such as asbestosis, often do not become apparent until many years

doi:10.4324/9781843140504-125

Chapter

work. Each settled his personal injury claim on the basis that no claim could be made for loss of earnings during the time of incapacity, because he would not have been able to find work even if fit. Thus, the claims were solely for general damages for pain, suffering and loss of amenity. Nevertheless, the Court of Appeal held that the Department of Social Security were entitled to recoup benefits paid. Such recoupment resulted in the applicants being under-compensated for their injuries and suggests that, as a matter of principle, a claim for loss of non-recoupable benefit should have been claimed as damages by the applicants against tortfeasors. EXTINCTION OF LIABILITY

Chapter

work. Each settled his personal injury claim on the basis that no claim could be made for loss of earnings during the time of incapacity, because he would not have been able to find work even if fit. Thus, the claims were solely for general damages for pain, suffering and loss of amenity. Nevertheless, the Court of Appeal held that the Department of Social Security were entitled to recoup benefits paid. Such recoupment resulted in the applicants being under-compensated for their injuries and suggests that, as a matter of principle, a claim for loss of non-recoupable benefit should have been claimed as damages by the applicants against tortfeasors. EXTINCTION OF LIABILITY

ABSTRACT

Where any person dies as the result partly of his own fault and partly of the fault of any other person or persons, and accordingly if an action were brought for the benefit of the estate under the Law Reform (Miscellaneous Provisions) Act 1934 the damages recoverable would be reduced under section 1(1) of the Law Reform (Contributory Negligence) Act 1945, any damages recoverable in an action under this Act shall be reduced to a proportionate extent.