Farrall v Kordowski [2010] EWHC 2436 (QB) (05 October 2010)

Farrall v Kordowski [2010] EWHC 2436 (QB) (05 October 2010)

The court was satisfied that there was a prima facie case of libel, a continuing threat of publication, and that damages would not be an adequate remedy. The defendant had not advanced any defence. Therefore, an interim injunction was justified to restrain further publication of the defamatory material.

Citation
[2010] EWHC 2436 (QB)
Parties
Claimant: Juliet Farrall; Defendant: Rick Kordowski
Jurisdiction
England and Wales
Judgment Date
05 October 2010
Procedural Posture
Defamation (libel) Interim Injunction Application / Interim Application for Injunction
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Libel, Freedom of Expression, Extortion, Online Publication
Defamation Media Law Human Rights Interim Injunctions Libel Freedom of Expression Extortion Online Publication

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Parties

Juliet Farrall

Claimant

Rick Kordowski

Defendant

Procedural Posture

Defamation (libel) Interim Injunction Application / Interim Application for Injunction

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain publication of allegedly defamatory material
  2. 2 Whether the claimant has established a prima facie case of libel
  3. 3 Whether damages would be an adequate remedy for the claimant

Ratio Decidendi

The court was satisfied that there was a prima facie case of libel, a continuing threat of publication, and that damages would not be an adequate remedy. The defendant had not advanced any defence. Therefore, an interim injunction was justified to restrain further publication of the defamatory material.

Court Disposition

Interim injunction granted

Orders

  • Prohibition on publication or further publication of the words complained of or any similar defamatory words about the claimant
  • Permission for the defendant to apply to vary or discharge the order