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ICN Photonics Ltd v Patterson
Facts
The Claimant had brought libel proceedings over a letter written by the Defendant criticising its Nlite laser product. The Defendant had challenged the Claimant's defamatory meaning under CPR Part 53 PD 4.1 contending that it the words complained of were not capable of bearing that meaning (or any meaning defamatory of the Claimant). The Defendant contended that, if anything, the claim was one for slander of goods necessitating the Claimant to prove malice. Sir Oliver Popplewell had refused to strike out the claimant's defamation claim and the Defendant appealed.