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 further publication, and that damages would not be an adequate remedy. The defendant had not advanced any defence. Therefore, an interim injunction restraining publication was justified.

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

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Parties

Juliet Farrall

Claimant

Rick Kordowski

Defendant

Procedural Posture

Defamation—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 further publication, and that damages would not be an adequate remedy. The defendant had not advanced any defence. Therefore, an interim injunction restraining publication was justified.

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 permitted to apply to vary or discharge the order