Alsaifi v Npower Ltd & Ors [2020] EWHC 480 (QB) (03 March 2020)

Alsaifi v Npower Ltd & Ors [2020] EWHC 480 (QB) (03 March 2020)

The defamation claim was time-barred under s.4A Limitation Act 1980, with no grounds for disapplication under s.32A. The claim disclosed no reasonable cause of action as there was no pleaded publication to a third party, and any possible publication would be protected by qualified privilege. The data protection claim failed as s.10 DPA 1998 was repealed before the claim was issued and no data subject notice was pleaded. The negligence claim was excluded by the statutory unfair dismissal regime. All claims were struck out and summary judgment granted to the defendants.

Citation
[2020] EWHC 480 (QB)
Parties
Claimant: Mr Tariq Alsaifi; First Defendant: Npower Limited; Second Defendant: Ms Colette Land; Third Defendant: Mr Stephen Banks
Jurisdiction
England and Wales
Judgment Date
03 March 2020
Procedural Posture
Civil (defamation, Negligence, Data Protection) / Summary Judgment/strike Out Applications and Claimant's Applications for Extension of Time and Determination of Meaning
Outcome
Claim struck out; summary judgment for defendants on all claims.
Legal Topics
Limitation in Defamation, Summary Judgment, Strike Out, Qualified Privilege, Unfair Dismissal Exclusion, Data Protection Act 1998, Section 10 DPA, Johnson V Unisys Exclusion
Defamation Employment Law Data Protection Negligence Limitation in Defamation Summary Judgment Strike Out Qualified Privilege +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Mr Tariq Alsaifi

Claimant

Npower Limited

First Defendant

Ms Colette Land

Second Defendant

Mr Stephen Banks

Third Defendant

Procedural Posture

Civil (defamation, Negligence, Data Protection) / Summary Judgment/strike Out Applications and Claimant's Applications for Extension of Time and Determination of Meaning

Legal Issues

  1. 1 Whether the defamation claim is time-barred under s.4A Limitation Act 1980
  2. 2 Whether the defamation claim discloses a reasonable cause of action (publication, serious harm)
  3. 3 Whether the data protection claim is valid under s.10 Data Protection Act 1998

Ratio Decidendi

The defamation claim was time-barred under s.4A Limitation Act 1980, with no grounds for disapplication under s.32A. The claim disclosed no reasonable cause of action as there was no pleaded publication to a third party, and any possible publication would be protected by qualified privilege. The data protection claim failed as s.10 DPA 1998 was repealed before the claim was issued and no data subject notice was pleaded. The negligence claim was excluded by the statutory unfair dismissal regime. All claims were struck out and summary judgment granted to the defendants.

Court Disposition

Claim struck out; summary judgment for defendants on all claims.

Orders

  • Entirety of the claim struck out pursuant to CPR 3.4(2)(a)
  • Summary judgment for defendants pursuant to CPR 24.2