Defamation Act 2009
Survival of cause of action on death. |
39.— (1) Section 6 of the Civil Liability Act 1961 is amended by the insertion of the following definitions: | |
“ ‘ Act of 2009 ’ means the Defamation Act 2009; | ||
‘ aggravated damages ’ has the same meaning as it has in the Act of 2009; | ||
‘ punitive damages ’ has the same meaning as it has in the Act of 2009.”. | ||
(2) Section 7 of the Civil Liability Act 1961 is amended by— | ||
(a) the insertion of the following subsection: | ||
“(1A) On the death of a person on or after the commencement of section 39 (2) (a) of the Act of 2009, a cause of action for defamation vested in him immediately before his death shall survive for the benefit of his estate.”, | ||
and | ||
(b) the insertion of the following subsection: | ||
“(2A) Where by virtue of subsection (1A) of this section, a cause of action for defamation survives for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person shall not include general damages, punitive damages or aggravated damages.”. | ||
(3) Section 8 of the Civil Liability Act 1961 is amended by— | ||
(a) the insertion of the following subsection: | ||
“(1A) On the death of a person on or after the commencement of section 39 (3) (a) of the Act of 2009 a cause of action subsisting against him shall survive against his estate.”, | ||
(b) by the insertion of the following subsection: | ||
“(2A) Where by virtue of subsection (1A) of this section, a cause of action for defamation survives against the estate of a deceased person, the damages recoverable against the estate of that person shall not include general damages, punitive damages or aggravated damages.”. |