KAPOOR v MIZUHO INTERNATIONAL PLC

KAPOOR v MIZUHO INTERNATIONAL PLC

The claim was struck out and summary judgment granted for the Defendant because the claim disclosed no reasonable grounds, was unsupported by evidence, was precluded by the Johnson Exclusion Zone, and/or was time-barred. The FCA Register did not record gross misconduct, no negative references were given, and there was no credible evidence of job offers or their rescission due to the Defendant's actions.

Parties
Claimant: Kapoor; Defendant: Mizuho International PLC
Jurisdiction
England and Wales
Judgment Date
28 February 2022
Procedural Posture
Civil / Summary Judgment/strike Out Application
Outcome
Claim struck out and summary judgment granted for Defendant (except for the Credit Agricole limb).
Legal Topics
Summary Judgment, Strike Out, Negligent Misstatement, References, Dismissal, Reputation, Limitation, Johnson Exclusion Zone
Employment Law Tort Law Contract Law Summary Judgment Strike Out Negligent Misstatement References Dismissal +3 more

Case Brief

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Parties

Kapoor

Claimant

Mizuho International PLC

Defendant

Procedural Posture

Civil / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the claim discloses reasonable grounds for bringing a claim
  2. 2 Whether the claim is an abuse of process or likely to obstruct just disposal
  3. 3 Whether the Defendant owed and breached a duty of care in providing references or in the manner of dismissal

Ratio Decidendi

The claim was struck out and summary judgment granted for the Defendant because the claim disclosed no reasonable grounds, was unsupported by evidence, was precluded by the Johnson Exclusion Zone, and/or was time-barred. The FCA Register did not record gross misconduct, no negative references were given, and there was no credible evidence of job offers or their rescission due to the Defendant's actions.

Court Disposition

Claim struck out and summary judgment granted for Defendant (except for the Credit Agricole limb).

Orders

  • Claim struck out except for the Credit Agricole limb, which may proceed to trial.
  • Parties to submit draft orders and costs schedules for assessment.