Rzucek v Vinnicombe [2026] EWHC 946 (KB) (23 April 2026)
The court held that it lacked jurisdiction to grant remedies for harassment under the Protection from Harassment Act 1997 because the claimant was outside England and Wales at all material times and the impact of the harassment was not felt within the jurisdiction. However, the court awarded general and aggravated damages for defamation, finding the defendant's videos seriously harmed the claimant's reputation and feelings, and granted an injunction restraining further defamatory publication. Relief from sanction for late service of witness evidence was granted as the breach was not serious or significant and caused no prejudice.
- Citation
- [2026] EWHC 946 (KB)
- Parties
- Claimant: Franklin William Rzucek; Defendant: Alan Vinnicombe
- Jurisdiction
- England and Wales
- Judgment Date
- 23 April 2026
- Procedural Posture
- Civil Defamation and Harassment / Remedies Hearing Following Default Judgment
- Outcome
- Claim for harassment dismissed for want of jurisdiction; claim for defamation succeeds; relief from sanction granted.
- Legal Topics
- Protection From Harassment Act 1997, Defamation, Jurisdiction, Relief From Sanctions, Damages, Aggravated Damages, Injunctions
Case Brief
Summary, issues, holding and outcome
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Parties
Franklin William Rzucek
Claimant
Alan Vinnicombe
Defendant
Procedural Posture
Civil Defamation and Harassment / Remedies Hearing Following Default Judgment
Legal Issues
- 1 Whether the court has jurisdiction to grant remedies for harassment under the Protection from Harassment Act 1997 where the claimant was outside England and Wales at all material times
- 2 Assessment of damages and injunctive relief for defamation following default judgment
- 3 Whether relief from sanction should be granted for late service of witness evidence
Ratio Decidendi
The court held that it lacked jurisdiction to grant remedies for harassment under the Protection from Harassment Act 1997 because the claimant was outside England and Wales at all material times and the impact of the harassment was not felt within the jurisdiction. However, the court awarded general and aggravated damages for defamation, finding the defendant's videos seriously harmed the claimant's reputation and feelings, and granted an injunction restraining further defamatory publication. Relief from sanction for late service of witness evidence was granted as the breach was not serious or significant and caused no prejudice.
Court Disposition
Claim for harassment dismissed for want of jurisdiction; claim for defamation succeeds; relief from sanction granted.
Orders
- General and aggravated damages awarded to the claimant for defamation in the sum of £90,000.
- Defendant restrained by injunction from publishing or causing to be published any further defamatory statements concerning the claimant as set out in the judgment.
Full Case Text
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