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Law Reform (Husband and Wife) Act 1962 in Scotland

10 & 11 Eliz. 2 c. 48 · Enacted 1 August 1962 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 4 May 2006.

F1An Act to amend the law with respect to civil proceedings between husband and wife.

[1st August 1962]

Annotations to the whole text

Textual amendments

F1

Act repealed (S.) (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 3; S.S.I. 2006/212, art. 2

Contents

  1. 2Proceedings between husband and wife in respect of delict.
  2. 3Short title, repeal, interpretation, saving and extent.
  3. Schedule Schedule

2Proceedings between husband and wife in respect of delict. S

(F11)

Subject to the provisions of this section, each of the parties to a marriage shall have the like right to bring proceedings against the other in respect of a wrongful or negligent act or omission, or for the prevention of a wrongful act, as if they were not married.

C1(2)

Where any such proceedings are brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may dismiss the proceedings if it appears that no substantial benefit would accrue to either party from the continuation therof; and it shall be the duty of the court to consider at an early stage of the proceedings whether the power to dismiss the proceedings under this subsection should or should not be exercised.

(3)

This section extends to Scotland only.

3Short title, repeal, interpretation, saving and extent.

(F11)

This Act may be cited as the Law Reform (Husband and Wife) Act 1962.

(2)

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

The references in subsection (1) of section one and subsection (1) of section two of this Act to the parties to a marriage include references to the persons who were parties to a marriage which has been dissolved.

(4)

This Act does not apply to any cause of action which arose, or would but for the subsistence of a marriage have arisen, before the commencement of this Act.

(5)

This Act does not extend to Northern Ireland.

F1

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