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, no publication to a third party was pleaded, and any internal publication would be protected by qualified privilege. The data protection claim failed as s.10 DPA 1998 was repealed before the claim and no notice was served. The negligence claim was excluded by the statutory unfair dismissal regime. All claims disclosed no reasonable grounds and were struck out.

Citation
[2020] EWHC 480
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
Outcome
Claim struck out; summary judgment for defendants.
Legal Topics
Limitation Period in Defamation, Summary Judgment, Strike Out, Qualified Privilege, Unfair Dismissal Exclusion, Data Protection Act 1998 S.10, Johnson V Unisys Exclusion Area
Defamation Employment Law Data Protection Negligence Limitation Period in Defamation Summary Judgment Strike Out Qualified Privilege +3 more

Case Brief

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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

Legal Issues

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

Ratio Decidendi

The defamation claim was time-barred under s.4A Limitation Act 1980, no publication to a third party was pleaded, and any internal publication would be protected by qualified privilege. The data protection claim failed as s.10 DPA 1998 was repealed before the claim and no notice was served. The negligence claim was excluded by the statutory unfair dismissal regime. All claims disclosed no reasonable grounds and were struck out.

Court Disposition

Claim struck out; summary judgment for defendants.

Orders

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