Dar Al Arkan Real Estate Development Com. v Al Refai & Ors

Dar Al Arkan Real Estate Development Com. v Al Refai & Ors

The court declined to summarily determine that FTI were not responsible for the publication of the website or email, finding that the claimants have a real prospect of success on the basis of alleged common design and covert conduct, and that the full extent of FTI's involvement cannot be determined without a trial, especially before disclosure.

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
Civil (commercial Court) / Application for Summary Judgment and Strike Out Under CPR 3.4(2) and 24.2
Outcome
FTI's applications for summary judgment and strike out refused (except for a minor point on confidential information, which was adjourned).
Legal Topics
Summary Judgment, Strike Out Applications, Joint Tortfeasorship, Defamation, Malicious Falsehood, Conspiracy, Unlawful Interference With Business, Procuring Breach of Contract, Breach of Confidence
Defamation Tort Civil Procedure Summary Judgment Strike Out Applications Joint Tortfeasorship Malicious Falsehood Conspiracy +3 more

Case Brief

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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

Civil (commercial Court) / Application for Summary Judgment and Strike Out Under CPR 3.4(2) and 24.2

Legal Issues

  1. 1 Whether FTI Consulting Group Limited should be summarily removed from claims of defamation, malicious falsehood, and related torts for alleged involvement in publication of defamatory material on a website and email.
  2. 2 Whether the claimants have a real prospect of succeeding against FTI on the claims and issues raised.

Ratio Decidendi

The court declined to summarily determine that FTI were not responsible for the publication of the website or email, finding that the claimants have a real prospect of success on the basis of alleged common design and covert conduct, and that the full extent of FTI's involvement cannot be determined without a trial, especially before disclosure.

Court Disposition

FTI's applications for summary judgment and strike out refused (except for a minor point on confidential information, which was adjourned).

Orders

  • Applications for summary judgment and strike out by FTI Consulting Group Limited refused.
  • Claimants invited to amend their pleadings regarding confidential information; this aspect adjourned to case management hearing.