Cases

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

Held

(1) On case management grounds, such as are described by Gray J in Collins Stewart v Financial Times, the parts of C's claim for aggravated damages based upon publications other than those sued on as causes of action were struck out and permission to amend with reference to the Chung email was refused.

(2) "It would be surprising if a claimant, after being refused leave to rely on a cause of action in respect of a publication outside the jurisdiction could simply move his plea from the substantive claim to the part of the pleading dealing with damages... I do not need to decide the case on this separate ground, and I do not do so. Had it been the only ground, then I would have decided that what the Claimant is seeking to do... ought not to be permitted, at least on the facts of this case" (at [66]-[67]).

Also