Does the 'non cumul' rule exist in our civil law?

Abstract

This article has three objectives. The first is to assess the significance and field of operation of the rule of non cumul in comparative law of tort. The second is to review certain Maltese judgments to establish whether our courts apply this rule. The third is to highlight the bad effects of the prevailing lack of clarity and to argue in favour of reform. To the uninitiated, this may seem a fairly arcane topic with few practical implications. However I aim to show that it lies at the heart of certain thorny dilemmas faced by advocates when instituting court proceedings for civil damages.