Speed v Nixon [1977] JLR 1 (19 January 1977)

Under Jersey law, a wife cannot sue her husband for a personal tort, and consequently, the guardian of her children cannot bring an action against the husband for negligence causing her death.

Source-derived case information.

Citation: [1977] JLR 1
Parties: Applicant: Speed; Respondent: Nixon
Jurisdiction: Jersey
Judgment Date: 19 January 1977
Procedural Posture: Tort / Judgment
Outcome: claim dismissed
Legal Topics: Personal Torts, Spousal Immunity, Wrongful Death

Tort Law Family Law Personal Torts Spousal Immunity Wrongful Death

Source-derived case record

Summary, issues, holding and outcome

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Parties

Speed

Applicant

Nixon

Respondent

Procedural Posture

Tort / Judgment

Legal Issues

1 Whether a wife can sue her husband for a personal tort under Jersey law
2 Whether the guardian of children can bring an action against the husband for negligence causing the wife's death

Ratio Decidendi

Under Jersey law, a wife cannot sue her husband for a personal tort, and consequently, the guardian of her children cannot bring an action against the husband for negligence causing her death.

Court Disposition

claim dismissed

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