A recent Court of Appeal ruling where a mother was awarded more than half of her ex-husband's compensation from a personal injury claim could pave the way for a new trend of claimants opting for periodical payments over lump sums of compensation.
In 1998, Kevin Mansfield was involved in a road traffic accident. He lost a leg in the accident and suffered spinal injuries. He made a personal injury claim and received damages of £500,000. Five years later, he met his now ex-wife and they went on to have twins but subsequently split up in 2008. Mrs Mansfield, as part of the divorce proceedings, claimed that she was entitled to a share of her ex-husband's personal injury compensation.
Despite the payout pre-dating the marriage, the Court of Appeal ruled at the end of last month that the £500,000 compensation award should be regarded as an asset of the family. The court ordered that Mrs Mansfield was entitled to £285,000 for the benefit of herself and her two children.