Monthly Archives: December 2011

Judgment handed down in Solicitors from Hell class action

Mr Justice Tugendhat has handed down judgment in the claim brought by Brett Wilson LLP on behalf of the Law society, Hine solicitors and Kevin McGrath against Rick Kordowski, the operator/publisher of solicitors from Hell.  Representative proceedings were brought by the Claimants under CPR 19.6 on behalf of those listed on the website and those at serious risk of being listed on the website. Three applications were heard at a hearing before the High Court on 15 November 2011.  Firstly, an application for an interim injunction prohibiting the Defendant from publishing (the Website) or a similar/similarly named website; secondly, an application for a default judgment/permanent injunction (which superseded the first application) and thirdly, an application for the continuation of an injunction granted on 2 November 2011 preventing the Defendant from transferring data relating to the Website.  Following the hearing Tugendhat J ordered the immediate removal of the Website in its entirety and that the injunction of 2 November 2011 continue.  Further orders were made on 7 December 2012, inter alia, prohibiting the Defendant from publishing or establishing (whether by himself, his servants, his agents or otherwise) a similarly named website or a website inviting member of the public to post negative comments about individuals and/or organisations involved in the legal profession, where as a result such individuals are harassed (within the meaning of the Protection from Harassment Act 1997 (PHA)) or have their personal data unlawfully or unfairly processed in breach of the Data Protection Act (DPA).  The following is a summary of the judgment (The Law society & Ors v Kordowski [2011] EWHC 3185 (QB) (07 December 2011)) prepared by Brett Wilson LLP.  The full 70 page judgment can be found on the Bailii website.

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