Compensation for accidents : a study of recent developments

Abstract

Two theses have already been submitted on the subject of the quantum of damages for personal injuries and death. The first one was by Carmel A. Agius (today Mr Justice Agius) m 1969 and the more recent one was by George Cutajar in 1983. The position prevailing since 1983 has certainly not remained static. This present thesis is precisely aimed at analysing in some depth the developments that have taken place during recent years. In this study, it is proposed to examine the way in which our Courts are moving towards a more open and realistic approach in their assessment and liquidation of damages. The multiplier system as first laid down in Butler v. Heard was rigidly applied by our Courts for a number of years. Lately, however, it has been the target of criticism and this has led to a serious appraisal of the system. This has resulted in certain modifications so that the multiplier is no longer tied to a maximum of 20 years, and moreover the 203 deduction usually made because of lump sum payments is at times reduced or even ignored m those instances where the judgment is being delivered a long time after the accident. Particular emphasis will be directed on problems encountered when determining the amount of damages in cases of fatal injuries, amongst which the position of the surviving spouse and the notion of dependency. Special attention will also be given to the concept of moral damages, another aspect of the law of damages which deserves a closer look, and in particular the impact they would have on Maltese society were they to be allowed. It is hoped that this thesis will provide a clear insight into the progress registered by our Courts in this area of law, and prove that, notwithstanding the lack of legal guidelines, our Courts are capable of achieving admirable results.