The Impact of Changes in the Value of Harm on Judicial Compensation A Comparative Study between the Laws of Egypt and of the United Arab Emirates.

Abstract

It is well known that the judge, in determining the compensation
should consider the scope of the harm at the time of issuing his court ruling
Consequently he should take into consideration any changes that may have
occurred to the harm from the time it has actually occurred until the time he
issues his ruling. The scope of the harm in many cases changes by time either
increasing or decreasing due to foreseen or unforeseen developments. This is
particularly true in cases of physical harm which is greatly affected by any
developments which may lead to its continuation or amelioration or
aggravation. The harm inflicted on the injured may change not in its scope, nor
itself nor its components but in its value where the harm remains constant and
so do its components but its value changes as a result of economic or financial
circumstances that may affect the purchasing power of money, in which case
the change of the harm would be due to external causes that are not relevant
neither to the harm itself nor to the nature of its components. This raises the
question of the impact of change in the value of the harm on the compensation
due to the harmed person. The answer to this question differs according to
whether the change in the harm has occurred before or after the issuing of the
final court ruling.