Cases

Foster & Another v Associated Newspapers Limited

Held

(1) The Lucas-Box meaning to the effect that the claimants had been responsible for poor stonemasonry would be struck out since the article complained of was incapable of bearing that meaning, and it would in any event have been struck out on case management grounds since the thrust of the litigation concerned not workmanship but responsibilty for the use of the wrong stone. (2) Although the defendant's application to amend came exceedingly late and without satisfactory explanation, the proposed amendments would be allowed to the extent they represented elaborations on the defendant's existing case. (3) The nature and extent of the examination of documents that would be required was such that the trial could not conveniently take place with a jury. The trial date would be vacated to enable the claimants to prepare to meet the enlarged case against them.

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