The issue was as to the recoverability, in personal injury proceedings, of the wife’s medical expenses which had been paid for by the husband out of the joint account. After referring to the findings which a court may be driven to make in relation to a joint account as between husband and wife where the marriage has ended by death or divorce: ‘But what is to happen to the balance in the joint account when the marriage breaks up is a very different question from that of the mutual rights of the parties in relation to the account while the marriage is still subsisting. As I have said, I do not think that such an arrangement between husband and wife is meant to be attended with legal consequences as between the two spouses while the marriage is still subsisting. Mrs Gage’s right to draw upon the joint account was subject to no legal limitation . .
Judges:
Diplock J
Citations:
[1961] 1 QB 188, [1960] 3 All ER 62
Jurisdiction:
England and Wales
Cited by:
Cited – Sandra Estelle Fielding v The Royal Bank of Scotland Plc CA 11-Feb-2004
The husband and wife had signed a bank mandate allowing the bank to act upon the authorisation of either of them. The wife complained that the bank should not be able to recover from her any sums expended by the husband.
Held: The mandate . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 29 May 2022; Ref: scu.194783