Stocker v Stocker [2016] EWHC 147 (QB) (29 January 2016)

Stocker v Stocker [2016] EWHC 147 (QB) (29 January 2016)

The application to strike out the claim based on the email publication is refused because it is not plain from the pleadings that the defence of absolute privilege is bound to succeed; whether the email was made for the purpose of judicial proceedings is a matter for trial. The claim is not struck out for lack of a real and substantial tort as the issue is fact-specific and not suitable for summary determination.

Citation
[2016] EWHC 147
Parties
Claimant: Ronald Terance Stocker; Defendant: Nicola Stocker
Jurisdiction
England and Wales
Judgment Date
29 January 2016
Procedural Posture
Libel Claim (defamation) / Pre Trial Review; Application to Strike Out Part of Claim
Outcome
Defendant's application to strike out the claim based on the email publication is refused.
Legal Topics
Absolute Privilege, Qualified Privilege, Strike Out Applications, Libel, Abuse of Process, Real and Substantial Tort
Defamation Civil Procedure Absolute Privilege Qualified Privilege Strike Out Applications Libel Abuse of Process Real and Substantial Tort

Case Brief

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Parties

Ronald Terance Stocker

Claimant

Nicola Stocker

Defendant

Procedural Posture

Libel Claim (defamation) / Pre Trial Review; Application to Strike Out Part of Claim

Legal Issues

  1. 1 Whether the defendant's email publication is protected by absolute privilege
  2. 2 Whether the claim based on the email publication should be struck out for not disclosing a real and substantial tort

Ratio Decidendi

The application to strike out the claim based on the email publication is refused because it is not plain from the pleadings that the defence of absolute privilege is bound to succeed; whether the email was made for the purpose of judicial proceedings is a matter for trial. The claim is not struck out for lack of a real and substantial tort as the issue is fact-specific and not suitable for summary determination.

Court Disposition

Defendant's application to strike out the claim based on the email publication is refused.

Orders

  • Claim based on the email publication will proceed to trial.
  • No summary determination on absolute privilege or real and substantial tort at this stage.