AWADHESH TEWARI v VIJAY KHETARPAL & Others

AWADHESH TEWARI v VIJAY KHETARPAL & Others

The defamation claim was struck out because it disclosed no reasonable grounds, was fully reduplicative of ongoing Employment Tribunal proceedings, and had no real prospect of success. The pleaded case failed to distinguish between harm caused by dismissal and harm caused by publication, failed to particularise serious harm, and could not realistically defeat a defence of qualified privilege. The claim was also an abuse of process as it imposed a disproportionate burden on the parties and the court for no legitimate additional benefit. The application to disapply the limitation period was refused as the balance of equity did not favour the claimant, given the weak merits and duplicative...

Parties
Claimant: Mr Awadhesh Tewari; Defendant: Mr Vijay Khetarpal; Defendants: 1st, 4th, 10th-13th and 15th-24th Defendants (Taylor Rose Defendants/TRDs); Defendants: Remaining Defendants
Jurisdiction
England and Wales
Judgment Date
01 August 2022
Procedural Posture
High Court Civil Claim (defamation and Related Claims) / Application for Summary Judgment/strike Out and Limitation Extension
Outcome
Claim struck out; application to disapply limitation refused
Legal Topics
Limitation of Actions, Qualified Privilege, Abuse of Process, Reduplication of Proceedings, Serious Harm (defamation), Summary Judgment, Strike Out Applications
Defamation Employment Law Civil Procedure Limitation of Actions Qualified Privilege Abuse of Process Reduplication of Proceedings Serious Harm (defamation) +2 more

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Parties

Mr Awadhesh Tewari

Claimant

Mr Vijay Khetarpal

Defendant

1st, 4th, 10th-13th and 15th-24th Defendants (Taylor Rose Defendants/TRDs)

Defendants

Remaining Defendants

Defendants

Procedural Posture

High Court Civil Claim (defamation and Related Claims) / Application for Summary Judgment/strike Out and Limitation Extension

Legal Issues

  1. 1 Whether the defamation claim should be struck out for disclosing no reasonable grounds, being abusive, or having no real prospect of success
  2. 2 Whether the claim is reduplicative of Employment Tribunal proceedings
  3. 3 Whether the publication attracts qualified privilege and whether malice is sufficiently pleaded

Ratio Decidendi

The defamation claim was struck out because it disclosed no reasonable grounds, was fully reduplicative of ongoing Employment Tribunal proceedings, and had no real prospect of success. The pleaded case failed to distinguish between harm caused by dismissal and harm caused by publication, failed to particularise serious harm, and could not realistically defeat a defence of qualified privilege. The claim was also an abuse of process as it imposed a disproportionate burden on the parties and the court for no legitimate additional benefit. The application to disapply the limitation period was refused as the balance of equity did not favour the claimant, given the weak merits and duplicative...

Court Disposition

Claim struck out; application to disapply limitation refused

Orders

  • The claimant's defamation and related claims are struck out in their entirety.
  • The application to disapply the limitation period under section 32A of the Limitation Act 1980 is refused.