Bailey & Anor v Kordowski

Bailey & Anor v Kordowski

The defence failed to disclose any reasonable grounds, lacked particulars required by CPR and Practice Directions, and the defendant's conduct amounted to abuse of process; therefore, the defence was struck out and judgment entered for the claimants.

Parties
Claimant: Awdry Bailey and Douglas; Claimant: Adrian Bressington; Defendant: Rick Kordowski
Jurisdiction
England and Wales
Judgment Date
01 April 2011
Procedural Posture
Libel / Final Judgment and Injunction
Outcome
Defence struck out, judgment for claimants, injunction granted
Legal Topics
Striking Out Defence, Qualified Privilege, Fair Comment, Abuse of Process, Injunctions
Defamation Civil Procedure Striking Out Defence Qualified Privilege Fair Comment Abuse of Process Injunctions

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Awdry Bailey and Douglas

Claimant

Adrian Bressington

Claimant

Rick Kordowski

Defendant

Procedural Posture

Libel / Final Judgment and Injunction

Legal Issues

  1. 1 Whether the defence discloses reasonable grounds for defending the claim
  2. 2 Whether the defendant's publication was protected by qualified privilege or fair comment
  3. 3 Whether the defendant abused the process of the court

Ratio Decidendi

The defence failed to disclose any reasonable grounds, lacked particulars required by CPR and Practice Directions, and the defendant's conduct amounted to abuse of process; therefore, the defence was struck out and judgment entered for the claimants.

Court Disposition

Defence struck out, judgment for claimants, injunction granted

Orders

  • Final judgment for claimants
  • Injunction restraining defendant from publishing defamatory words or similar