Cases

Clarke t/a Elumina Iberica UK v Bain & Prolink Holdings Corp


Facts

C sued Ds, the CEO of a US corporation and the corporation itself, for libel in respect of a series of alleged defamatory publications in England and one in China (the Chung email). C also claimed aggravated damages, a claim in part related to the Chung email and in part based upon other alleged publications by Ds.

Ds applied to strike out those parts of the claim based upon the Chung email on the ground that the court had no jurisdiction to determine them. C consented to the application so far as it concerned the Chung email as a cause of action, but insisted that he was nonetheless entitled to rely upon the Chung email in aggravation and applied to amend to expand his plea of aggravated damages with reference to it. Ds also applied to strike out the plea of aggravated damages in so far as it was based upon publications other than those sued on as causes of action.

Also