Conduct of the hearing
16.Given the implications for the SJ Application of the success or failure of the Amendment Application, Counsel first made submissions on whether any or all of the proposed amendments should be permitted. By the time submissions on that aspect had concluded, there was no longer sufficient time to hear submissions on the SJ Application, notwithstanding earlier suggestions by Mr Carter that the entire hearing would take no more than half a day at most.17.As I had by that time reached a conclusion on the Amendment Application, I considered that in the interests of efficiency and of justice, I should tell the parties of my decision on that application, indicating that I would provide a reasoned Judgment in due course. For the reasons set out below, the Amendment Application was refused in respect of the pleadings related to restraint of trade, but granted for the other grounds. It was therefore not necessary to address the SJ Application.
- Introduction
- Procedural history
- The applications
- The SJ Application
- Jameel v Dow Jones and Co
- The Amendment Application
- Conduct of the hearing
- Relevant factual background
- Term
- RELEASE COMMITMENT
- The legal test for permission to amend
- Quah Su-Ling v Goldman Sachs International
- The proposed amendments for which permission is sought
- Express or implied duty to exploit/duty of good faith
- Proposed reliance on clauses 4.3 and 4.4 of 2001 Agreement
- Submissions / assessment
- Express or implied duty to exploit/duty of good faith – inconsistency of pleadings – submissions
- Express or implied duty to exploit/duty of good faith – inconsistency of pleadings – assessment
- Express or implied duty to exploit/duty of good faith – substance – submissions
- Panayiotou
- Nichols
- Schroeder
- John v James
- Yam Seng Pte Ltd v International Trade Corp Ltd
- Express or implied duty to exploit/duty of good faith – assessment
- Express or implied duty to exploit/duty of good faith – consequences of breach – submissions
- Copinger and Skone-James on Copyright
- Crosstown Music Co LLC v Rive Droite Music Ltd & ors
- Crosstown
- Express or implied duty to exploit/duty of good faith – consequences of breach – assessment
- Sullivan
