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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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EIP—Stuart Malcolm

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EIP strengthens Commercial practice with a new partner

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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