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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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