Actio personalis moritur cum persona

Any right of action dies with the person concerned.

This is a Latin maxim and provides that a personal action dies with the person concerned.  It is important to note however that the maxim is subject to numerous exceptions provided by modern statutes with the result that actions in tort or contract may not be put to an end by the death of the injured party.  This would allow the personal representatives of the deceased and their estate to pursue personal actions in the name of the deceased.

This may be a difficult choice for the personal representative to make and may involve making applications for directions to the court. These applications are referred to as "Beddoes applications" and enable the personal representative to say that the court felt the action was reasonable and thereby avoid a personal costs liability.


Libel action dies with claimant | Solicitors Journal


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