The decision in Totalise plc v The Motley Fool Ltd [2001] EMLR 750 emphasised that the courts are not obliged to provide such relief and can consider wider matters such as the gravity of the defamatory allegations, whether the claimant has
a strong prima facie case against the defendant, the size and extent of the potential readership and whether the claimant had any other available method of identifying the authors.
Not exact matches
Chris, just to clarify, you present a
strong case against PUFAs and explain that while there is some
prima facie reasons to beleive that SAFAs are ok, there is no
strong evidence for or
against SAFAs.
However, where evidence discloses a
strong prima facie case that Defendants perpetrated a premeditated, substantial fraudulent scheme
against innocent victims, the law's reluctance to allow prejudgment execution must yield to the more important goal of ensuring that the civil justice system provides a just and enforceable remedy
against such serious misconduct.