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 was struck out and summary judgment granted because the particulars were woefully lacking, the case was incoherent and inconsistent with contemporaneous documents, and there was no realistic prospect of success. The evidence did not support the pleaded case, and the Defendants could not know the case they had to meet.

Citation
[2016] EWHC 123 (QB)
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 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 claim form and particulars should be struck out for lack of particulars and cogency
  2. 2 Whether summary judgment should be granted as the claim has no realistic prospect of success
  3. 3 Whether extensions of time for service of the claim form were properly granted

Ratio Decidendi

The claim was struck out and summary judgment granted because the particulars were woefully lacking, the case was incoherent and inconsistent with contemporaneous documents, and there was no realistic prospect of success. The evidence did not support the pleaded case, and the Defendants could not know the case they had to meet.

Court Disposition

Claim struck out and summary judgment granted for Defendants

Orders

  • Strike out of claim form and particulars of claim
  • Summary judgment for Defendants