Farrall v Kordowski

Farrall v Kordowski

The court found a prima facie case of libel, a continuing threat of publication, and that damages would not be an adequate remedy. The defendant did not assert any defence. Therefore, an interim injunction was justified to restrain publication of the defamatory words.

Parties
Claimant: Juliet Farrall; Defendant: Rick Kordowski
Jurisdiction
England and Wales
Judgment Date
05 October 2010
Procedural Posture
Defamation / Interim Injunction Application
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Libel, Defamatory Publication, Human Rights Act S12
Defamation Media Law Interim Injunctions Libel Defamatory Publication Human Rights Act S12

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Juliet Farrall

Claimant

Rick Kordowski

Defendant

Procedural Posture

Defamation / Interim Injunction Application

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction restraining publication of alleged defamatory words
  2. 2 Whether the words published are prima facie defamatory
  3. 3 Whether there is a continuing threat of publication justifying injunctive relief

Ratio Decidendi

The court found a prima facie case of libel, a continuing threat of publication, and that damages would not be an adequate remedy. The defendant did not assert any defence. Therefore, an interim injunction was justified to restrain publication of the defamatory words.

Court Disposition

Interim injunction granted

Orders

  • Defendant prohibited from publishing or further publishing the words complained of or any similar defamatory words about the claimant
  • Defendant to pay the claimant a sum on account of costs