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 publication of the 'Solicitors from Hell' website constitutes libel, harassment, and unlawful data processing against the claimants and represented parties. No valid defence is pleaded. The website causes ongoing reputational and financial harm, distress, and alarm. The defendant's reliance on Article 10 ECHR is unfounded as it does not override the rights of others to reputation and protection from harassment. Claimants are entitled to representative action and permanent injunctions.

Citation
[2011] EWHC 3185 (QB)
Parties
Claimant: The Law Society; Claimant: Hine Solicitors (A Firm); Claimant: Kevin McGrath; Defendant: Rick Kordowski
Jurisdiction
England and Wales
Judgment Date
07 December 2011
Procedural Posture
Representative Action for Injunction and Damages / Final Judgment in Default
Outcome
judgment for claimants
Legal Topics
Libel, Injunction, Representative Action, Damages, Data Processing, Freedom of Expression
Defamation Harassment Data Protection Libel Injunction Representative Action Damages Data Processing +1 more

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Parties

The Law Society

Claimant

Hine Solicitors (A Firm)

Claimant

Kevin McGrath

Claimant

Rick Kordowski

Defendant

Procedural Posture

Representative Action for Injunction and Damages / Final Judgment in Default

Legal Issues

  1. 1 Whether publication of the 'Solicitors from Hell' website constitutes libel against listed solicitors and firms
  2. 2 Whether the conduct amounts to harassment under the Protection from Harassment Act 1997
  3. 3 Whether publication breaches the Data Protection Act 1998

Ratio Decidendi

The defendant's publication of the 'Solicitors from Hell' website constitutes libel, harassment, and unlawful data processing against the claimants and represented parties. No valid defence is pleaded. The website causes ongoing reputational and financial harm, distress, and alarm. The defendant's reliance on Article 10 ECHR is unfounded as it does not override the rights of others to reputation and protection from harassment. Claimants are entitled to representative action and permanent injunctions.

Court Disposition

judgment for claimants

Orders

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