I will deal first with the appellants’ argument that the chambers judge applied the wrong test for striking out pleadings. The appellants say that the chambers judge considered whether they could claim damages, not whether they had a cause of action. Damages are, of course, an essential element of any action for a tort or breach of duty. If the claim for damages is barred by law, there is no cause of action. The chambers judge was obviously aware of the proper test, and found that it was met because one of the essential elements of a cause of action, a claim for damages, could not succeed. I would not accede to this ground of appeal. The Rule in Foss v. Harbottle
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