Tewari v Khetarpal & Ors [2022] EWHC 2066 (QB) (01 August 2022)

Tewari v Khetarpal & Ors [2022] EWHC 2066 (QB) (01 August 2022)

The claim is struck out as an abuse of process and for disclosing no reasonable grounds. The pleaded case fails to distinguish reputational harm caused by publication from that caused by dismissal, does not meet the serious harm threshold, and is wholly duplicative of ongoing Employment Tribunal proceedings. The...

Source-derived case information.

Citation
[2022] EWHC 2066 (QB)
Parties
Claimant: Mr Awadhesh Tewari; Defendants: Mr Vijay Khetarpal & 23 Others
Jurisdiction
England and Wales
Judgment Date
01 August 2022
Procedural Posture
High Court Civil Claim (defamation and Related Torts) / Interlocutory Applications: Limitation, Summary Judgment, Strike Out
Outcome
Claim struck out
Legal Topics
Limitation Period in Defamation, Abuse of Process, Qualified Privilege, Serious Harm Requirement, Reduplication of Proceedings, Jurisdictional Overlap (et and High Court), Summary Judgment, Strike Out Applications
Defamation Employment Law Data Protection Civil Procedure Limitation Period in Defamation Abuse of Process Qualified Privilege Serious Harm Requirement +4 more

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Parties

Mr Awadhesh Tewari

Claimant

Mr Vijay Khetarpal & 23 Others

Defendants

Procedural Posture

High Court Civil Claim (defamation and Related Torts) / Interlocutory Applications: Limitation, Summary Judgment, Strike Out

Legal Issues

  1. 1 Whether the defamation claim should be struck out as disclosing no reasonable grounds or as an abuse of process
  2. 2 Whether the limitation period for defamation should be disapplied under s.32A Limitation Act 1980
  3. 3 Whether the pleaded claim demonstrates 'serious harm' as required by s.1 Defamation Act 2013

Ratio Decidendi

The claim is struck out as an abuse of process and for disclosing no reasonable grounds. The pleaded case fails to distinguish reputational harm caused by publication from that caused by dismissal, does not meet the serious harm threshold, and is wholly duplicative of ongoing Employment Tribunal proceedings. The limitation period is not disapplied as no equitable grounds are established. The publication attracts qualified privilege and malice is not properly pleaded. The High Court claim yields no legitimate benefit proportionate to the costs and is not worth the candle.

Court Disposition

Claim struck out

Orders

  • Claim dismissed as an abuse of process and for disclosing no reasonable grounds
  • No disapplication of limitation period under s.32A Limitation Act 1980