The Court of Appeal has approved a divorce judgement which awarded a wife £285,000 of her husband’s £500,000 personal injury compensation. Mr and Mrs Mansfield met five years after Mr Mansfield was made the award in compensation for suffering the loss of a leg and serious spinal injuries when he was hit by a car in 1992. The couple split shortly after the birth of their twins, now four.
In making his judgement Lord Justice Thorpe agreed with the trial judge that the needs of the children were paramount. He stated “I have been of a fluctuating mind during argument, but have come to the conclusion that the judge went into the conflicting needs of the parties with considerable care and found that £285,000 was the minimum needed to meet the needs of the wife and children. £285,000 may be on the high side and it might be that the wife was fortunate to receive that quantification, but it would be unprincipled for this court to interfere.”
In one concession to Mr Mansfield a charging order was placed on the new property which his ex-wife will purchase providing that £95,000 must be paid back to him when the twins turn 18, or finish higher education or if she remarries to a partner who can provide for her and the children.
Mrs Mansfield’s barrister, Richard Todd QC, emphasised the significance of the decision for future cases saying “This case is going to be of huge importance to many other cases in future involving divorce and personal injury. It will now become the authority for
all such future cases and emphasises that personal injury is significant factor when looking at any damages in a divorce case.”
