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22 September 2011 / Claire Sanders
Issue: 7482 / Categories: Features , Divorce , Damages , Personal injury
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Just desserts?

Claire Sanders examines the division of personal injury compensation following a marital split

It is well established that damages recovered by one party to a marriage in a personal injury claim should be taken into account by the court when assessing the financial position of the parties to the marriage and the provision that should be made in ancillary relief proceedings.

Assessing need

In the leading case of Wagstaff v Wagstaff [1992] 1 All ER 275, [1992] 1 FCR 305 Butler Sloss LJ noted that while the reasons for the availability of the capital in the hands of one spouse, together with the size of the award are relevant factors in all the circumstances of Matrimonial Causes Act 1973 (MCA 1973), s 25, such capital is not “sacrosanct, nor any part of it secured against the application of the other spouse”. She went on to state that there might be instances where the sum awarded was small and was specifically for pain and suffering in which it would be unsuitable

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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