1Actions in tort between husband and wife.E+W
[F1(1)Subject to the provisions of this section, each of the parties to a marriage shall have the like right of action in tort against the other as if they were not married.
(2)Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may stay the action if it appears—
(a)that no substantial benefit would accrue to either party from the continuation of the proceedings; or
(b)that the question or questions in issue could more conveniently be disposed of on an application made under section seventeen of the M1Married Women’s Property Act 1882 (determination of questions between husband and wife as to the title to or possession of property);
and without prejudice to paragraph (b) of this subsection the court may, in such an action, either exercise any power which could be exercised on an application under the said section seventeen, or give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)This section does not extend to Scotland.]
Textual Amendments
F1Act repealed (S.) (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 3; S.S.I. 2006/212, art. 2
F2S. 1(3) omitted (26.4.1999) by virtue of S.I. 1998/2940, arts. 1, 4; S.I. 1998/3132
Marginal Citations