header-logo header-logo

22 September 2011 / Claire Sanders
Issue: 7482 / Categories: Features , Divorce , Damages , Personal injury
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
back-to-top-scroll