Cases

Lonzim Plc & others v Sprague

Held

Striking out the action as an abuse of process and refusing permission to amend.

As regards the AGM slander claim:

(1) Cs had no real prospect of identifying any further publication witnesses;

(2) The claim was an abuse of process ("I am at a loss to understand what vindication the Claimants might obtain from the verdict of a court, or why, or on what grounds, this claim in slander is being brought at all" (Judgment, para. 31)).

With regard to the FM libel claim:

(1) the evidence adduced by Cs suggested at best minimal publication of the offending words in this jurisdiction and certainly was not evidence of any real or substantial tort having been committed here;

(2) "...there is no prospect of an award of damages greater than a very modest sum, and no prospect of an injunction being granted. The costs and court resources that would be required to achieve this would be disproportionate" (para.47).

Permission

Also