Kordowski v Hudson

Kordowski v Hudson

The action for slander was struck out as an abuse of process because the alleged publication was to a single publishee, there was no evidence of real or substantial harm, and the proceedings did not serve the legitimate purpose of protecting the claimant's reputation. The seriousness of the allegation was outweighed...

Source-derived case information.

Parties
Claimant: Rick Kordowski; Defendant: Desmond Hudson
Jurisdiction
England and Wales
Judgment Date
21 October 2011
Procedural Posture
Civil Defamation (slander) / Application for Summary Judgment and Application to Strike Out
Outcome
Claim dismissed; action struck out as abuse of process
Legal Topics
Slander, Summary Judgment, Strike Out, Abuse of Process, Justification Defence
Defamation Civil Procedure Slander Summary Judgment Strike Out Abuse of Process Justification Defence

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Parties

Rick Kordowski

Claimant

Desmond Hudson

Defendant

Procedural Posture

Civil Defamation (slander) / Application for Summary Judgment and Application to Strike Out

Legal Issues

  1. 1 Whether the claim for slander should be summarily determined or struck out as an abuse of process
  2. 2 Whether there is a real prospect of success for the defence
  3. 3 Whether the seriousness and extent of publication justify the proceedings

Ratio Decidendi

The action for slander was struck out as an abuse of process because the alleged publication was to a single publishee, there was no evidence of real or substantial harm, and the proceedings did not serve the legitimate purpose of protecting the claimant's reputation. The seriousness of the allegation was outweighed by the limited extent of publication and lack of demonstrable damage.

Court Disposition

Claim dismissed; action struck out as abuse of process

Orders

  • Claimant's application for summary judgment dismissed
  • Defendant's application to strike out granted