The statutory cap on non-economic loss damages under s 35 of the Defamation Act 2005 applies per proceeding, not per cause of action. Where a plaintiff has established a right to bring separate proceedings under s 23, consolidation should not be ordered because it would halve the plaintiff's statutory damages entitlement, constituting substantial prejudice. The common law power to consolidate is subject to the statutory regime under the Defamation Act 2005.
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