Khosravi v British American Tobacco PLC & Ors [2016] EWHC 123 (QB) (28 January 2016)

Khosravi v British American Tobacco PLC & Ors [2016] EWHC 123 (QB) (28 January 2016)

The claim is struck out and summary judgment granted because the particulars of claim are woefully lacking in particulars, speculative, inconsistent with contemporaneous documents, and do not disclose a realistic prospect of success against the first and sixth defendants.

Citation
[2016] EWHC 123
Parties
Claimant: Mehdi Khosravi; First Defendant: British American Tobacco P. L. C.; Second Defendant: Al Aqili Trading LLC; Third Defendant: Mohammed Saleh Al Aqili; Fourth Defendant: Mohammed Saeed Mohamed Al Aqili; Fifth Defendant: B. A. T. Pars Company (Private Joint Stock); Sixth Defendant: B. A. T (UK and Export) Ltd
Jurisdiction
England and Wales
Judgment Date
28 January 2016
Procedural Posture
Civil / Application for Strike Out and Summary Judgment
Outcome
Claim struck out and summary judgment granted for the first and sixth defendants.
Legal Topics
Strike Out, Summary Judgment, Vicarious Liability, Conspiracy, Extension of Time
Civil Procedure Tort Strike Out Summary Judgment Vicarious Liability Conspiracy Extension of Time

Case Brief

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Parties

Mehdi Khosravi

Claimant

British American Tobacco P. L. C.

First Defendant

Al Aqili Trading LLC

Second Defendant

Mohammed Saleh Al Aqili

Third Defendant

Mohammed Saeed Mohamed Al Aqili

Fourth Defendant

B. A. T. Pars Company (Private Joint Stock)

Fifth Defendant

B. A. T (UK and Export) Ltd

Sixth Defendant

Procedural Posture

Civil / Application for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether the particulars of claim disclose a reasonable cause of action against the first and sixth defendants
  2. 2 Whether the claim should be struck out under CPR 3.4
  3. 3 Whether summary judgment should be granted under CPR 24.2

Ratio Decidendi

The claim is struck out and summary judgment granted because the particulars of claim are woefully lacking in particulars, speculative, inconsistent with contemporaneous documents, and do not disclose a realistic prospect of success against the first and sixth defendants.

Court Disposition

Claim struck out and summary judgment granted for the first and sixth defendants.

Orders

  • Strike out of claim form and particulars of claim under CPR 3.4
  • Summary judgment for the first and sixth defendants under CPR 24.2