Bailey & Anor v Kordowski [2011] EWHC 785 (QB) (01 April 2011)

The defendant's defence failed to disclose any reasonable grounds, lacked required particulars, and did not establish any valid defence under truth, fair comment, or qualified privilege. The defendant abused the process by demanding money and failing to comply with procedural rules. The defence was struck out and final judgment entered for the claimants.

Citation: [2011] EWHC 785 (QB)
Parties: Claimant: Awdry Bailey and Douglas; Claimant: Adrian Bressington; Defendant: Rick Kordowski
Jurisdiction: England and Wales
Judgment Date: 01 April 2011
Procedural Posture: Libel Action / Final Judgment After Application to Strike Out Defence
Outcome: defence struck out, final judgment for claimants
Legal Topics: Libel, Qualified Privilege, Fair Comment, Abuse of Process, Striking Out Defence

Defamation Civil Procedure Libel Qualified Privilege Fair Comment Abuse of Process Striking Out Defence

Case Brief

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Parties

Awdry Bailey and Douglas

Claimant

Adrian Bressington

Claimant

Rick Kordowski

Defendant

Procedural Posture

Libel Action / Final Judgment After Application to Strike Out Defence

Legal Issues

1 Whether the defence discloses reasonable grounds for defending the claim
2 Whether the defendant's publication was defamatory
3 Whether defences of truth, fair comment, or qualified privilege are available

Ratio Decidendi

Court Disposition

defence struck out, final judgment for claimants

Orders

injunction restraining defendant from publishing same or similar defamatory words
claimants permitted to apply for damages to be assessed