REPORTS OF COMMITTEES
| DOI | http://doi.org/10.1111/j.1468-2230.1961.tb02780.x |
| Published date | 01 July 1961 |
| Date | 01 July 1961 |
1EEl3O1LTS
OF
COMMITTEES
NINTH
REPORT
OF
THE
LAW
REFORM
COMMITTEE
(LIABILITY
IN
TORT
BETWEEN
HUSBAND
AND
WIFE)
IN
March
1959
the Lord Chancellor asked the Law Reform Com-
mittee
“
to consider whether any alterations are necessary
or
desir-
able in the law relating to the liability in tort
of
one spouse to the
other.” The Committee has now reported that
“
section
12
of
the
Married Women’s Property Act,
1882,
should be repealed (except in
relation to criminal proceedings) and that in the case
of
torts other
than those affecting the title to
or
possession of property
.
.
.
husband and wife should be able to sue each other as if they were
unmarried. The court should, however, be able, either of its own
motion
or
on the application of the defendant, to stay the action if,
having regard to all the circumstances including the conduct of the
parties and the nature
of
the matter complained of, the judge is
satisfied that the complaint is not one of substance
or
that it would
not be in the best interests of the parties that the action should be
allowed to proceed.” The Committee adds that it is not con-
templated that the court would wish to stay the proceedings where
the defendant appears to have a claim to indemnity
or
contribution
from some other source, whether by means of insurance
or
other-
wise, and points out that this is of particular importance in the field
of personal injuries caused by negligence in the driving of a motor
vehi~le.~ The power to stay should, however, be exercisable when
torts are committed after the parties have ceased to cohabit as well
as when they are committed during cohabitation, but
it
should
apply only to actions brought during the subsistence of the mar-
riage. The power to stay should apply also in the case of an ante-
nuptial tort, although the committee considers
it
most unlikely that
there would ever be occasion to stay proceedings in these circum-
stances.‘ Finally, the committee recommends that disputes affect-
ing the title to
or
possession of property should continue to be dealt
with under section
17
of the Married Women’s Property Act,
1882,
and says that the recommendation
for
the repeal of section
12
of
that Act is made without prejudice to any right which a deserted
wife may at present possess in the matrimonial home.5
1
Cmnd.
1268
published January
19, 1961.
*
Ibid.,
paragraph
11.
3
Ibid.,
paragraph
12.
The Committee adds:
”
The inability of husband and
wife to benefit from the other’s insurance against third party risks has been
the subject
of
much criticism in the memoranda we have received and we agree
with the views expressed.”
.L
Ibid.,
paragraph
13.
5
Ibid..
paragraph
15.
481
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