2Transmission of deceased’s rights to executor
1
There are transmissible to a deceased person’s executor (“E”) the like rights to damages, including a right to damages for non-patrimonial loss, in respect of injuries suffered by the deceased (“A”) and vested in A immediately before A’s death, being––
a
personal injuries, or
b
injuries which, though not personal injuries, are––
i
injuries to name or reputation, or
ii
injuries resulting from harassment actionable under section 8 of the Protection from Harassment Act 1997 (c.40).
2
The “like rights” mentioned in subsection (1) do not include any right to damages by way of compensation for patrimonial loss attributable to any period after the date of death; and in determining the amount of damages for non-patrimonial loss payable to E by virtue of this section, the only period to which the court is to have regard is that ending immediately before A’s death.
3
In so far as a right to damages vested in A comprises a right to damages for non-patrimonial loss in respect of such injuries as are mentioned in sub-paragraph (i) of subsection (1)(b), that right is transmissible to E only if an action to enforce the right is brought by A and is not concluded before A’s death.
4
For the purposes of subsection (3) an action is not to be taken to be concluded––
a
while an appeal is competent, or
b
before any appeal taken is disposed of.