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Hays Plc v Hartley
Comment
Another example of a Court putting to an end litigation which, in its view, can achieve little for a claimant. While it was accepted that the allegations made against C were extremely serious, the central focus of the Court's reasons focus upon events which postdated the issue of proceedings. As Mr Justice Tugendhat observed:
"[C] had every reason to pursue its legal rights, and to do so forcefully. It chose, quite properly, not to sue [D] in the first instance ... once the [former employees] had denied responsibility for publication, it was prudent for [C] to preserve its rights against [D].
But the fact that [C] acted reasonably in preserving its rights and suing [D], is not a reason why it should be entitled to continue pursuing [D] once it has become clear that it has achieved its objective in the action against the [former employees]."