Does An Action For Slander Or Libel Automatically Fail Following The Death Of The Alleged Perpetrator?

[Coppit]

Were a libel against someone published, I assume that no action could be taken after the death of the perpetrator. But what about an action at law that had been started where death takes place before it is concluded? Could executors be liable?

[THECORBYLOON]

Once the person dies, there is no longer a reputation to be defamed, meaning any action started prior to death would end

[dannyk13]

I think the OP is referring to the person being sued not the victim whose reputation could still be defamed.

[Peter Pedant]

hmm recently in the courts
No

http://www.brettwilson.co.uk/wordpress/defamation-actions-do-not-survive-the-death-of-a-party/

and

http://www.parrottandcoalesllp.co.uk/news-and-events/news/what-happens-when-your-opponent-in-litigation-dies/

the old civil law rule ( pre 1835 ) was that any civil action ceased on the death of one party ( clearly not involving wills ) which made it very difficult for ( factory ) accidents where one party died- so the first change in the law was by statute Factory Act 1844

and now they all survive except Libel/slander which follows the common law rule

( in my opinion )

[Peter Pedant]

Smith v Dha 2013 contains this
Davies J:
" "On his behalf it is agreed that the death of a party to a defamation claim causes the claim to abate. However, it was submitted, abatement following the hearing of an application does not prevent judgment being given."