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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 31 March 2005 - onwards
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50. Sums not to be taken into account in assessing damages.

(1) In assessing damages under this Part account shall not be taken of -

(a) any sum payable on the death of the deceased under any contract of insurance,

(b) any pension, gratuity or other like benefit payable under statute or otherwise in consequence of the death of the deceased.

(2) In assessing damages under this Part, account shall not be taken of any charitable gift (whether in the form of money or other property) made to the plaintiff in consequence of the death of the deceased unless -

(a) the defendant is the donor of the gift, and

(b) at the time of the making of the gift he or she informs the plaintiff in writing that, should the plaintiff recover damages in an action under this Part, the defendant will apply to the court for the damages to be reduced by an amount equal to the amount of the gift or the value of the gift, as may be appropriate.

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