Robins v Kordowski & Anor

Robins v Kordowski & Anor

The words published were plainly defamatory of the claimants, the defences of justification and honest comment had no real prospect of success, and there was no other reason for a trial. The procedural error in obtaining default judgment did not preclude the court from granting summary relief, including damages and an injunction.

Parties
First Claimant: Stephen Robins; Second Claimant: Gabbitas Robins (a firm); First Defendant: Rick Kordowski; Second Defendant: Tim Smee
Jurisdiction
England and Wales
Judgment Date
22 July 2011
Procedural Posture
Defamation (libel) / Summary Disposal Application and Application to Set Aside Default Judgment
Outcome
Judgment for the claimants; summary disposal granted; application to set aside default judgment refused.
Legal Topics
Libel, Summary Disposal, Default Judgment, Injunctions, Damages, Legal Professional Privilege
Defamation Civil Procedure Libel Summary Disposal Default Judgment Injunctions Damages Legal Professional Privilege

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Parties

Stephen Robins

First Claimant

Gabbitas Robins (a firm)

Second Claimant

Rick Kordowski

First Defendant

Tim Smee

Second Defendant

Procedural Posture

Defamation (libel) / Summary Disposal Application and Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the words published were defamatory of the claimants
  2. 2 Whether the defences of justification (truth), honest comment, or privilege had a real prospect of success
  3. 3 Whether the procedural error in obtaining default judgment precluded further relief

Ratio Decidendi

The words published were plainly defamatory of the claimants, the defences of justification and honest comment had no real prospect of success, and there was no other reason for a trial. The procedural error in obtaining default judgment did not preclude the court from granting summary relief, including damages and an injunction.

Court Disposition

Judgment for the claimants; summary disposal granted; application to set aside default judgment refused.

Orders

  • Declaration that the allegations of lying and dishonesty against Mr Robins and the claimant firm are false and defamatory
  • Injunction restraining the first defendant from further publishing similar defamatory words