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High Court refuses to strike out defamation proceedings issued against an online media company immediately, but directs that it will make an order doing so following the expiry of a period of six weeks' time unless the plaintiff is successful in an application to amend the pleadings, as the pleadings as currently drafted are entirely deficient.
High Court - application by defendant to strike out plaintiff's case against it - plaintiff sought damages against defendant for breach of general constitutional rights and for having permitted the publication on its websites of diverse alleged defamatory statements - defendant brought motion seeking the dismissal of the action on the basis the proceedings were statute-barred, failed to disclose a reasonable cause of action and were bound to fail - defendant could not modify or amend third party web content - plaintiff had been liaising with defendant for many years requesting deletion of content - court satisfied to allow plaintiff to proceed with defamation claim insofar as it relates to material in which the claim could be brought and subject to the claim being properly pleaded and a related application to amend the pleadings proving successful - restraint traditionally shown when dealing with a strike-out application - proceedings stayed for 6 weeks - entirely unclear what the nature of the constitutional law point was which made it difficult to state that it was bound to fail - pleadings entirely deficient and unless amended, would be struck out.
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