The Law Society & Ors v Kordowski [2011] EWHC 3185 (QB) (07 December 2011)

The Law Society & Ors v Kordowski [2011] EWHC 3185 (QB) (07 December 2011)

The defendant's operation of the 'Solicitors from Hell' website constitutes actionable libel, harassment, and unlawful data processing. The defendant has admitted publication, pleaded no viable defence, and the conduct is malicious, causes serious harm, and is not protected by Article 10 ECHR. Permanent injunctions are justified to restrain further publication and transfer of the website or its data.

Citation
[2011] EWHC 3185
Parties
First Claimant: The Law Society; Second Claimant: Hine Solicitors (A Firm); Third Claimant: Kevin McGrath; Defendant: Rick Kordowski
Jurisdiction
England and Wales
Judgment Date
07 December 2011
Procedural Posture
Civil Representative Action / Final Judgment After Hearing of Applications for Default Judgment and Permanent Injunctions
Outcome
Permanent injunctions granted; judgment for claimants; defendant restrained from further publication and transfer of website or data.
Legal Topics
Libel, Protection From Harassment Act 1997, Data Protection Act 1998, Injunctions, Freedom of Expression (echr Article 10)
Defamation Harassment Data Protection Libel Protection From Harassment Act 1997 Data Protection Act 1998 Injunctions Freedom of Expression (echr Article 10)

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Parties

The Law Society

First Claimant

Hine Solicitors (A Firm)

Second Claimant

Kevin McGrath

Third Claimant

Rick Kordowski

Defendant

Procedural Posture

Civil Representative Action / Final Judgment After Hearing of Applications for Default Judgment and Permanent Injunctions

Legal Issues

  1. 1 Whether the defendant's operation of the 'Solicitors from Hell' website constitutes actionable libel against the claimants and represented parties
  2. 2 Whether the conduct amounts to harassment under the Protection from Harassment Act 1997
  3. 3 Whether the processing and publication of personal data on the website breaches the Data Protection Act 1998

Ratio Decidendi

The defendant's operation of the 'Solicitors from Hell' website constitutes actionable libel, harassment, and unlawful data processing. The defendant has admitted publication, pleaded no viable defence, and the conduct is malicious, causes serious harm, and is not protected by Article 10 ECHR. Permanent injunctions are justified to restrain further publication and transfer of the website or its data.

Court Disposition

Permanent injunctions granted; judgment for claimants; defendant restrained from further publication and transfer of website or data.

Orders

  • Permanent injunction prohibiting the defendant from publishing the 'Solicitors from Hell' website or any similar website.
  • Permanent injunction prohibiting the defendant from disposing of, selling, or transferring any or all data from the website to any third party.