Stocker v Stocker [2015] EWHC 1634 (QB) (10 June 2015)

Stocker v Stocker [2015] EWHC 1634 (QB) (10 June 2015)

The defence of consent is arguable and should not be struck out or summarily judged; the plea of justification regarding sexual abuse is sufficiently pleaded and should not be struck out; Defendant is ordered to search and disclose relevant medical records with liberty to apply for confidentiality protection; Defendant's costs budget is substantially reduced to ensure proportionality and fairness.

Citation
[2015] EWHC 1634
Parties
Claimant: Ronald Terance Stocker; Defendant: Nicola Stocker
Jurisdiction
England and Wales
Judgment Date
10 June 2015
Procedural Posture
Libel Action / Case and Costs Management Conference
Outcome
Applications to strike out consent defence and justification plea refused; application for disclosure of medical records granted with liberty to apply; Defendant's costs budget substantially reduced.
Legal Topics
Consent in Defamation, Justification Defence, Disclosure of Medical Records, Costs Budgeting
Defamation Civil Procedure Consent in Defamation Justification Defence Disclosure of Medical Records Costs Budgeting

Case Brief

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Parties

Ronald Terance Stocker

Claimant

Nicola Stocker

Defendant

Procedural Posture

Libel Action / Case and Costs Management Conference

Legal Issues

  1. 1 Whether the defence of consent should be struck out
  2. 2 Whether part of the plea of justification regarding sexual abuse should be struck out
  3. 3 Whether the Defendant should be ordered to disclose medical records

Ratio Decidendi

The defence of consent is arguable and should not be struck out or summarily judged; the plea of justification regarding sexual abuse is sufficiently pleaded and should not be struck out; Defendant is ordered to search and disclose relevant medical records with liberty to apply for confidentiality protection; Defendant's costs budget is substantially reduced to ensure proportionality and fairness.

Court Disposition

Applications to strike out consent defence and justification plea refused; application for disclosure of medical records granted with liberty to apply; Defendant's costs budget substantially reduced.

Orders

  • Defence of consent to remain for trial.
  • Justification plea regarding sexual abuse to remain for trial.