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The Civil Code (Amendment) Act, 2011 (Bill No. 78)

A BILL

entitled

AN ACT to amend the Civil Code, Cap. 16.

Short title and commencement.

Cap. 16.

Substitution of article 1045 of the Code.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-

1. (1) The short title of this Act is the Civil Code (Amendment) Act, 2011, and this Act shall be read and construed as one with the Civil Code, hereinafter referred to as "the Code".

(2) The provisions of this Act shall come into force on such date as the Minister responsible for justice may, by notice in the Gazette, establish, and different dates may be so established for different provisions and for different purposes of this Act.

2. Article 1045 of the Code shall be substituted by the following:

"Measure of damages.
1045. (1) The damage which is to be made good by the person responsible in accordance with the foregoing provisions shall consist in:
(a) the actual loss which the act shall have directly caused to the
injured party;
(b) the actual expenses which the injured party, or any of persons mentioned in article 1046(3) has been forced to incur in consequence of the damage;
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(c) the loss of actual wages or other earnings;
(d) the loss of future earnings arising from any permanent disability, total or partial, which the act may have caused; and
(e) the non-pecuniary loss arising from any permanent
disability, total or partial, which the act may have caused; and
(f) future expenses which may be necessary and reasonable for future medical treatment, care or assistance and which the injured party will be compelled to incur as a direct consequence of the permanent disability sustained.
(2) The sum to be awarded for loss of future earnings and non-pecuniary loss
arising from permanent disability, whether total or partial, shall be assessed in accordance with regulations made under article 1046A.
(3) The sum to be awarded for loss of future earnings arising from permanent
disability, whether total or partial, shall not exceed six hundred thousand euro (€600,000) or such higher sum as the Minister for justice with the concurrence of the Minister responsible for finance may by notice from time to time establish.
(4) The total sum to be awarded for the head of damages referred to in subarticle (1)(f) shall not exceed six hundred thousand euro (€600,000) or such higher sum as the Minister for justice with the concurrence of the Minister responsible for finance may by notice from time to time establish.".

3. Article 1046 of the Code shall be substituted by the

Substitution of article 1046 of the Code.

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following:

"Damages to heirs of deceased party.

1046. (1) Where in consequence of the act giving rise to damages death ensues, the court shall award the expenses actually and reasonably incurred, including, but not limited to, hospital expenses, other medical expenses and funeral expenses:
(a) if paid by the deceased,
to the heirs; and
(b) in any other case, to those persons who actually paid them.
(2) For the purposes of this article,
no claim for damages based on the loss of future earnings of the deceased shall be admissible.
(3) For the purposes of this article: (a) a dependant is any
person who at the time of the death of the deceased was being supported and, or maintained by the deceased or by any person who is entitled by law to require to be supported and, or maintained by the deceased;
(b) the damages payable to
each dependant of the deceased person shall be limited to the amount of maintenance that the dependant would have received from the deceased throughout the period of dependency had the deceased person remained alive, that is to say, until the dependant would be able to maintain himself and no longer be dependent on maintenance from the deceased:
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Provided that where at the time of death, any person referred to in this subarticle is not in receipt of maintenance but there is a strong likelihood that had the deceased remained alive such person would in the future require maintenance from the deceased, or where such person, although not in receipt of maintenance, was being supported by the deceased, damages shall be awarded as provided in this article.
(4) A close relative of the deceased
may claim non-pecuniary damages, and the damages payable to each claimant shall be fixed by regulations made in accordance with article 1046A. A close relative of the deceased shall mean spouse, descendant, ascendant or a brother or sister of the deceased person who at the time of his death was living in the same household of the deceased person".

4. Immediately after article 1046 of the Code there shall be added the following new articles:

Addition of new articles to the Code.

"Power to make regulations.

1046A. The Minister responsible for justice may make regulations for the purpose of articles 1045 and 1046 and may by such regulations establish the rules to be applied when quantifying the damages payable in accordance with the said provisions, including rules establishing the factors that shall be taken into consideration in computing the damages payable and rules establishing limitations of liability in respect of the damages payable. The power of the Minister shall include but shall not be limited to the power to make rules to:
(a) establish the earnings or
potential earnings that are to be taken as the basis for computing damages for loss of future earnings;
(b) establish the formulae that are to be used in computing damages for loss of future earnings;
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(c) establish a percentage scale of permanent disability in respect of particular injuries, whether physical or psychological, suffered by the injured party;
(d) establish the formula that is to be used in computing damages for non-pecuniary loss in case of permanent disability;
(e) establish the sum of
damages payable to the close relatives of the deceased for non- pecuniary damages:
Provided that the sum to be awarded for non-pecuniary damages shall not exceed two hundred thousand euro (€200,000) or such higher sum as the Minister for Justice with the concurrence of the Minister responsible for Finance may by notice from time to time establish.

Heads of damages. 1046B. It shall not be lawful for any claimant to be awarded heads of damages

which are not specifically provided for in this Code.".

Objects and Reasons

The objects of this Bill are to amend the Civil Code with a view to introduce schemes relating to pecuniary damages and to loss of future earnings and non-pecuniary loss arising from permanent disability. The relevant articles will give the power to the Minister responsible justice to introduce the relevant schemes by means of subsidiary legislation.