1. Facts and Background

Client A (the plaintiff) learned, from a third party, of an extramarital relationship between A's spouse and B (the defendant). Subsequently, B's spouse commenced a damages action against Client A's spouse. In response, Client A retained LKP to bring a damages action against B and indicated a wish to obtain damages at a level comparable to that recognized in the related case.

2. Key Legal Issues

The main issues were: (i) how to incorporate the developing trends of the related case and the criteria applied to the calculation of damages into the present matter; (ii) how, in response to the court's recommendation that the case be transferred to the court of B's domicile, to organize the doctrinal basis for jurisdiction by appearance — including the principle that, where the defendant pleads to the merits without objecting to jurisdiction, jurisdiction by appearance may be recognized — so as to keep the matter before the same panel; and (iii) how to incorporate the principle of equity with the related case into the relief sought and the scope of the claim, and how to construct oral arguments so as to elicit a consistent judicial determination.

3. Implementation and Outcome

LKP (i) analyzed the content, issues, and calculation methodology of the related case and designed the relief sought, the scope of the claim, and the damages-calculation strategy accordingly; (ii) adopted a strategy of filing the complaint with the same court and, in response to the court's recommendation of transfer of jurisdiction, organized the doctrinal grounds for jurisdiction by appearance and explained the practical advantages of having the matter heard by the same panel; and (iii) consistently presented the facts and the claim by reference to the principle of equity with the related case throughout the oral proceedings. The court recognized B's liability for the extramarital conduct and ordered B to pay Client A consolation money together with delayed-payment interest. The case shows how, where related cases are pending in parallel, jurisdictional strategy and the principle of equity can be combined into a coherent litigation strategy.