Cases

Atlantis World Group of Companies NV & Another v Gruppo Editoriale L'Espresso SpA

Held

(1) C1's claim failed because although the words referred to it, and bore defamatory meanings which linked it with the mafia, C1 had not shown it had any trading or business reputation in this jurisdiction. (2) C2's claim failed because it was dormant, lacking any proven reputation, and not referred to in the article. (3) C2's actual damage claim was misconceived. (4) The claims would also have been struck out as an abuse. They had all the hallmarks of forum-shopping, and given the very limited publication here, any damages would have been minimal: the game would not have been worth the candle. (5) Although abuse of process is more commonly a ground for striking out a claim before trial, it was open to the court to strike out a claim for abuse at the trial of the action.

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