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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2010 - onwards
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39. Survival of cause of action on death.

(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 th

Comparing proposed amendment...