Dar Al Arkan Real Estate Development Com. v Al Refai & Ors [2013] EWHC 1630 (Comm) (12 June 2013)

Dar Al Arkan Real Estate Development Com. v Al Refai & Ors [2013] EWHC 1630 (Comm) (12 June 2013)

The court declined to grant summary judgment or strike out claims against FTI Consulting Group Limited, finding claimants have a sufficient prospect of success and that covert nature of alleged activities and factual uncertainties require determination at trial. Liability as joint tortfeasor does not require knowledge of specific defamatory words prior to publication.

Citation
[2013] EWHC 1630 (Comm)
Parties
Claimant: Dar Al Arkan Real Estate Development Company; Claimant: Bank Alkhair B. S. C.; Defendant: Majid Al-Sayed Bader Hashim Al Refai; Defendant: Kroll Associates U. K. Limited; Defendant: Alexander Richardson; Defendant: FTI Consulting Group Limited
Jurisdiction
England and Wales
Judgment Date
12 June 2013
Procedural Posture
Commercial Court Queen's Bench Division / Application for Summary Judgment and Strike Out Under CPR 3.4(2) and CPR 24.2
Outcome
Applications for summary judgment and strike out by FTI Consulting Group Limited refused; part relating to confidential information adjourned.
Legal Topics
Summary Judgment, Strike Out, Joint Tortfeasorship, Defamation, Malicious Falsehood, Conspiracy, Breach of Confidence, Procuring Breach of Contract, Unlawful Interference With Business
Civil Procedure Defamation Tort Summary Judgment Strike Out Joint Tortfeasorship Malicious Falsehood Conspiracy +3 more

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Parties

Dar Al Arkan Real Estate Development Company

Claimant

Bank Alkhair B. S. C.

Claimant

Majid Al-Sayed Bader Hashim Al Refai

Defendant

Kroll Associates U. K. Limited

Defendant

Alexander Richardson

Defendant

FTI Consulting Group Limited

Defendant

Procedural Posture

Commercial Court Queen's Bench Division / Application for Summary Judgment and Strike Out Under CPR 3.4(2) and CPR 24.2

Legal Issues

  1. 1 Whether FTI Consulting Group Limited can be summarily determined not liable for publication of defamatory material on website and email
  2. 2 Whether claimants have real prospect of success against FTI for defamation, malicious falsehood, conspiracy, procuring breach of contract, unlawful interference with business
  3. 3 Whether FTI acted as joint tortfeasor in a common design to injure claimants

Ratio Decidendi

The court declined to grant summary judgment or strike out claims against FTI Consulting Group Limited, finding claimants have a sufficient prospect of success and that covert nature of alleged activities and factual uncertainties require determination at trial. Liability as joint tortfeasor does not require knowledge of specific defamatory words prior to publication.

Court Disposition

Applications for summary judgment and strike out by FTI Consulting Group Limited refused; part relating to confidential information adjourned.

Orders

  • Claimants' claims against FTI Consulting Group Limited to proceed to trial.
  • Claimants invited to tidy up pleadings regarding confidential information; matter adjourned to case management hearing.