Ansari v Knowles & Ors

Ansari v Knowles & Ors

The settlement agreement with the Fourth Defendant did not operate as a release or satisfaction of the causes of action against the First and Second Defendants, nor does the continuation of claims against them constitute an abuse of process; the Claimant may proceed with his claims.

Parties
Claimant: Khalid Mahmood Ansari; First Defendant: Dr Timothy Knowles; Second Defendant: Manchester Metropolitan University; Third Defendant: Ms Viktorija Zilinskaite; Fourth Defendant: Vilnius University
Jurisdiction
England and Wales
Judgment Date
08 November 2012
Procedural Posture
Defamation / Preliminary Issue Determination
Outcome
Preliminary issue answered in the negative; claims against First and Second Defendants not extinguished or satisfied by settlement with Fourth Defendant; continuation not abuse of process.
Legal Topics
Joint Tortfeasors, Settlement Agreements, Qualified Privilege, Justification, Malice, Abuse of Process
Tort Law Defamation Civil Procedure Joint Tortfeasors Settlement Agreements Qualified Privilege Justification Malice +1 more

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Parties

Khalid Mahmood Ansari

Claimant

Dr Timothy Knowles

First Defendant

Manchester Metropolitan University

Second Defendant

Ms Viktorija Zilinskaite

Third Defendant

Vilnius University

Fourth Defendant

Procedural Posture

Defamation / Preliminary Issue Determination

Legal Issues

  1. 1 Whether settlement with Fourth Defendant extinguishes or satisfies causes of action against First and Second Defendants
  2. 2 Whether continuation of claims against First and Second Defendants constitutes abuse of process

Ratio Decidendi

The settlement agreement with the Fourth Defendant did not operate as a release or satisfaction of the causes of action against the First and Second Defendants, nor does the continuation of claims against them constitute an abuse of process; the Claimant may proceed with his claims.

Court Disposition

Preliminary issue answered in the negative; claims against First and Second Defendants not extinguished or satisfied by settlement with Fourth Defendant; continuation not abuse of process.