Stocker v Stocker

It is not plain from the pleadings that the defence of absolute privilege is bound to succeed; whether the email publication was made for the purpose of giving evidence in judicial proceedings is a matter for trial. The claim based on the email publication cannot be struck out as disclosing no real and substantial tort at this stage.

Parties: Claimant: Ronald Terance Stocker; Defendant: Nicola Stocker
Jurisdiction: England and Wales
Judgment Date: 29 January 2016
Procedural Posture: Libel / 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 dismissed.
Legal Topics: Absolute Privilege, Qualified Privilege, Strike Out Applications, Libel, Abuse of Process

Defamation Civil Procedure Absolute Privilege Qualified Privilege Strike Out Applications Libel Abuse of Process

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Parties

Ronald Terance Stocker

Claimant

Nicola Stocker

Defendant

Procedural Posture

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

Legal Issues

1 Whether the defendant's email publication is protected by absolute privilege
2 Whether the claim based on the email publication discloses a real and substantial tort

Ratio Decidendi

Court Disposition

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

Orders

Claim based on the email publication will proceed to trial.
No summary determination of absolute privilege or Jameel abuse at this stage.