Komarek & Anor v Ramco Energy Plc & Ors [2002] EWHC B2 (QB) (21 November 2002)

Komarek & Anor v Ramco Energy Plc & Ors [2002] EWHC B2 (QB) (21 November 2002)

The court refused to grant summary judgment on qualified privilege and malice, holding that the factual disputes require determination by a jury. The double actionability rule does not bar the claim as Czech law provides a comparable cause of action and any diplomatic immunity is a procedural bar. The court refused permission to amend pleadings to add new causes of action as they are statute-barred and would disrupt the trial, but allowed certain minor amendments not causing prejudice.

Citation
[2002] EWHC B2
Parties
Claimant: First Claimant (Chairman of the Board of MND); Claimant: MND (The Moravian Oil Mining Company); Defendant: Ramco Energy PLC; Defendant: Medusa Oil and Gas Limited; Defendant: Medusa Czech Operations Limited; Defendant: Mr Burchell; Defendant: Mr Seymour
Jurisdiction
England and Wales
Judgment Date
21 November 2002
Procedural Posture
Defamation (libel) / Pre Trial Interlocutory Applications
Outcome
Applications for summary judgment on qualified privilege and malice refused; applications to amend pleadings to add new causes of action refused; certain minor amendments allowed; disclosure ordered for specific documents; no order on security for costs at this stage.
Legal Topics
Qualified Privilege, Malice, Double Actionability Rule, Legal Professional Privilege, Amendment of Pleadings, Diplomatic Immunity, Disclosure, Limitation Periods
Defamation Conflict of Laws Civil Procedure Qualified Privilege Malice Double Actionability Rule Legal Professional Privilege Amendment of Pleadings +3 more

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Parties

First Claimant (Chairman of the Board of MND)

Claimant

MND (The Moravian Oil Mining Company)

Claimant

Ramco Energy PLC

Defendant

Medusa Oil and Gas Limited

Defendant

Medusa Czech Operations Limited

Defendant

Mr Burchell

Defendant

Mr Seymour

Defendant

Procedural Posture

Defamation (libel) / Pre Trial Interlocutory Applications

Legal Issues

  1. 1 Whether the defence of qualified privilege or malice can be determined summarily before trial
  2. 2 Whether the double actionability rule bars the claim under Czech law
  3. 3 Whether legal professional privilege applies to certain documents

Ratio Decidendi

The court refused to grant summary judgment on qualified privilege and malice, holding that the factual disputes require determination by a jury. The double actionability rule does not bar the claim as Czech law provides a comparable cause of action and any diplomatic immunity is a procedural bar. The court refused permission to amend pleadings to add new causes of action as they are statute-barred and would disrupt the trial, but allowed certain minor amendments not causing prejudice.

Court Disposition

Applications for summary judgment on qualified privilege and malice refused; applications to amend pleadings to add new causes of action refused; certain minor amendments allowed; disclosure ordered for specific documents; no order on security for costs at this stage.

Orders

  • Summary judgment on qualified privilege and malice refused
  • Permission to amend pleadings to add new causes of action refused