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Road Accident Compensation Payout Split By Divorce

Published on Wednesday, 9th February 2011

A disabled man who lost his leg in a road accident has been ordered to hand over more than half of his £500,000 compensation payout to his ex-wife in a divorce settlement.

Kevin Mansfield, 41, of Chemsford, Essex, was involved in a road traffic accident when he was hit by a car in 1992. He suffered serious spinal injuries and received a £500,000 compensation payout. He then married five years later and had two children but separated in 2008.

At last May’s divorce hearing, Mr Mansfield was horrified to hear a judge say that his compensation should be “put in the pot” and divided as an asset of the marriage.

Barrister Alan Barton told the Court of Appeal that his client Mr Mansfield faced losing his specially adapted house after his ex-wife was given £285,000 from what was his only means of support. Mr Barton said that, if the decision was allowed to stand, Mr Mansfield would have to move to a cheaper part of the country away from his children.

NHS health worker Mrs Mansfield, of Chelmsford, was present yesterday to hear the two judges urge the former couple to settle their differences by mediation before any full appeal. They warned of “potentially enormous legal costs” unless they did so.

Mr Barton said: “It is a very unusual case. There have only been three cases involving similar situations in legal history, and nothing exactly like this before.” He said Mr Mansfield had experienced a “manifest injustice” and the divorce judge had “ignored his needs as a disabled man”.


Lady Justice Black, granting permission to appeal yesterday, said: “The husband’s disabilities and amputated limb are an important factor in this case.”

If the couple cannot reach a settlement, a full hearing will take place before three judges.

Antony Hodari personal injury solicitors, specialists in work accident claims and compensation advice.



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