FKJ v RVT & Ors

FKJ v RVT & Ors

The claim for misuse of private information is not abusive and should not be struck out; summary judgment on the counterclaim is refused due to unresolved issues of fact and law; interim payment and conditions are refused as they would stifle the claim; the anonymity order may be referred back to the Employment Tribunal for reconsideration.

Parties
Claimant: FKJ; Defendant: RVT and Others
Jurisdiction
England and Wales
Judgment Date
11 January 2023
Procedural Posture
High Court Civil Claim / Ruling on Strike Out, Summary Judgment, Interim Payment, and Conditions Applications
Outcome
All applications by the defendants are refused.
Legal Topics
Misuse of Private Information, Strike Out Applications, Summary Judgment, Malicious Prosecution, Abuse of Process, Protection From Harassment, Anonymity Orders
Privacy Law Civil Procedure Employment Law Misuse of Private Information Strike Out Applications Summary Judgment Malicious Prosecution Abuse of Process +2 more

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Parties

FKJ

Claimant

RVT and Others

Defendant

Procedural Posture

High Court Civil Claim / Ruling on Strike Out, Summary Judgment, Interim Payment, and Conditions Applications

Legal Issues

  1. 1 Whether the claim for misuse of private information should be struck out as an abuse of process
  2. 2 Whether summary judgment should be granted on the defendants’ counterclaim for malicious prosecution, abuse of process, and harassment
  3. 3 Whether interim payment and conditions requiring the claimant to pay money into court should be imposed

Ratio Decidendi

The claim for misuse of private information is not abusive and should not be struck out; summary judgment on the counterclaim is refused due to unresolved issues of fact and law; interim payment and conditions are refused as they would stifle the claim; the anonymity order may be referred back to the Employment Tribunal for reconsideration.

Court Disposition

All applications by the defendants are refused.

Orders

  • Application to strike out the claim as abuse of process refused.
  • Application for summary judgment on counterclaim refused.