Ansari v Knowles & Ors [2013] EWCA Civ 1448 (14 November 2013)

Ansari v Knowles & Ors [2013] EWCA Civ 1448 (14 November 2013)

The Court of Appeal held that, despite the settlement with Vilnius University and public statements, Mr. Ansari had not received comparable redress from Dr. Knowles and MMU, and the claim regarding the Vilnius Memo could not be struck out as an abuse of process. The court emphasised that the claim should not be dismissed merely because the costs might be disproportionate to the benefit, and that the Jameel principle did not apply as the tort was real and substantial.

Citation
[2013] EWCA Civ 1448
Parties
Claimant/respondent: Khalid Mahmood Ansari; Defendant/appellant: Timothy Knowles; Defendant/appellant: Manchester Metropolitan University; Defendant/appellant: Viktorija Zilinskaite; Defendant/appellant: Vilnius University
Jurisdiction
England and Wales
Judgment Date
14 November 2013
Procedural Posture
Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Qualified Privilege, Justification (defamation), Malice, Case Management, Settlement and Release
Defamation Civil Procedure Abuse of Process Qualified Privilege Justification (defamation) Malice Case Management Settlement and Release

Case Brief

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Parties

Khalid Mahmood Ansari

Claimant/respondent

Timothy Knowles

Defendant/appellant

Manchester Metropolitan University

Defendant/appellant

Viktorija Zilinskaite

Defendant/appellant

Vilnius University

Defendant/appellant

Procedural Posture

Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the settlement with Vilnius University extinguished or barred further claims against Dr. Knowles and MMU regarding the Vilnius Memo
  2. 2 Whether continuing the claim against Dr. Knowles and MMU constituted an abuse of process under the Jameel principle

Ratio Decidendi

The Court of Appeal held that, despite the settlement with Vilnius University and public statements, Mr. Ansari had not received comparable redress from Dr. Knowles and MMU, and the claim regarding the Vilnius Memo could not be struck out as an abuse of process. The court emphasised that the claim should not be dismissed merely because the costs might be disproportionate to the benefit, and that the Jameel principle did not apply as the tort was real and substantial.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Dr. Knowles and MMU is dismissed; the claim against them regarding the Vilnius Memo is not struck out.