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 to order any part of it to be paid
