Mansfield v Mansfield

The court held that while personal injury damages are not excluded from matrimonial assets, the origin and purpose of the compensation must be given special reflection, warranting a Mesher order to protect the husband's future needs while meeting the wife's immediate needs as primary carer.

Parties: Appellant: Mansfield; Respondent: Mansfield
Jurisdiction: England and Wales
Judgment Date: 27 July 2011
Procedural Posture: Civil Appeal / Judgment on Second Appeal
Outcome: appeal dismissed
Legal Topics: Ancillary Relief, Division of Matrimonial Assets, Personal Injury Compensation, Mesher Order

Family Law Ancillary Relief Division of Matrimonial Assets Personal Injury Compensation Mesher Order

Case Brief

Summary, issues, holding and outcome

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Parties

Mansfield

Appellant

Mansfield

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

1 Should the origin of family assets from personal injury damages affect their division in ancillary relief proceedings?
2 Was the quantum of the lump sum awarded to the wife appropriate given the circumstances?
3 Should a Mesher order (charge back) have been granted to the husband?

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

The property to be acquired by the wife will be charged as to one third of its equity in favour of the husband, redeemable when the twins achieve maturity.
If the wife purchases a property at a different figure, adjustments will be made to reflect one third of £285,000.