Injured party under no obligation to refund sick pay paid by employer

Personal injuries - net issue in respect of special damages - whether the Plaintiff is entitled to recover, by way of damages against the Defendants, a sum equivalent to that received by the Plaintiff from his employer in respect of sick pay - if recoverable, this sum would be reimbursed to the employer - does the fact that the Plaintiff had a contractual right to sick pay under his terms and conditions of employment have the consequence of reducing the amount of damages which the party causing the personal injuries would otherwise be required to pay by way of damages - any amount received by an injured party from their employer by way of sick pay must be deducted from the claim for loss of earnings against a third-party wrongdoer - whether the Plaintiff in the present case is under an obligation to reimburse the cost of the provision of sick pay to his employer – recoverability of collateral benefits - employer had paid a sum of €40,833.02 (gross) in respect of sick pay – caselaw – application of principles – contract of employment makes generous provision for sick pay – correspondence with employer - chain of correspondence does not give rise to a legal obligation on behalf of the injured party to reimburse the cost incurred in the provision of the sick pay – injured party had unconditional contractual right to sick pay, and, accordingly, the cost to the employer is not recoverable - letter goes no further than to confirm that—in the event that the claim to recover, as against the wrongdoer, the cost to the employer in meeting its contractual obligation to provide sick pay, proved to be successful—then such monies would be refunded - any obligation to refund was always contingent on the claim to recover the cost to the employer of providing the sick pay being allowed by the court - a common mistake as to law - a mistaken belief that the cost of providing the sick pay was recoverable against the wrongdoer –