CIVIL LIABILITY ACT 1936 - SECT 64
CIVIL LIABILITY ACT 1936 - SECT 64
64—Abolition of rule as to unity of spouses
(1) Subject to this
section, where any injury or damage is suffered by any person by reason of the
wrongful act, neglect or default of his spouse, the spouse shall be liable in
respect of that injury or damage in all respects as if the injured person and
the person by reason of whose wrongful act neglect or default the injury or
damage is suffered were not married.
(2) This section shall
not be construed as entitling any person to maintain an action in trespass or
ejectment against his spouse in respect of a matrimonial home.
(3) If proceedings are
brought pursuant to this section, the court may dismiss the proceedings if it
appears to the court that no substantial benefit would accrue to either party
from the continuation of the proceedings.