Permanent disability and the recent developments in the law of tort

Abstract

The practical application of personal injury law as it features in local and foreign jurisprudence, and the portrayal of permanent disability as the prime basis for quantification of damages, are duly tackled throughout the course of this thesis. The initial chapter tries to elicit a proper definition of permanent disability under Maltese Law. It refers to the classification of disability and the various levels of injuries sustained by an injured party, as assessed by medical experts. In assessing the percentage disability, specific reference is made to the. concepts of Weighted average and industrial efficiency as applied by our Courts. The landmark case on quantification of damages: Butler vs Heard, is introduced in Chapter Two. Since 1967, Maltese Courts have adopted a rather constant approach towards the interpretation of damnum emergens and lucrum cessans, taking into account variables such as the age, salary and calculation of the multiplier on the basis of the changes and chances of a person's life. The third chapter moves a step further and introduces non-pecuniary damages, which are still unknown to our tort regime. In other European jurisdictions, an injured party may claim damages for pain and suffering, loss of amenity or quality of life, shock, psychological damage and loss of expectation of life. It is then held in Chapter Four, that unconscious plaintiffs still enjoy such right of relief. This chapter delves into the issue of relief through negotiation of out-of-court agreements, whilst raising issues on emerging claims relative to cumulative trauma disorders. An examination of the recent controversial amendments by Act VI of 2004 amending Ch.16 - Laws of Malta, are tackled in Chapter Five, including reference to major points of contention on this issue. In conclusion, the final chapter provokes further discussion on the development of the law of tort, particularly under Maltese Law, proposing considerations that might suggest a re-assessment of personal injury compensation in Malta.