Stocker v Stocker

Stocker v Stocker

The defence of consent survives the strike-out application as the pleaded facts are arguable and not fanciful; the plea of justification regarding sexual abuse is not struck out as consent does not preclude abuse and the pleaded facts are not incapable of establishing the truth; Defendant is ordered to search and disclose relevant medical records with liberty to apply for confidentiality; Defendant's costs budget is substantially reduced for proportionality and fairness.

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 dismissed; order for specific disclosure of medical records granted; Defendant's costs budget reduced.
Legal Topics
Consent in Defamation, Justification, Disclosure, Costs Budgeting
Defamation Civil Procedure Consent in Defamation Justification Disclosure Costs Budgeting

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 4 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 survives the strike-out application as the pleaded facts are arguable and not fanciful; the plea of justification regarding sexual abuse is not struck out as consent does not preclude abuse and the pleaded facts are not incapable of establishing the truth; Defendant is ordered to search and disclose relevant medical records with liberty to apply for confidentiality; Defendant's costs budget is substantially reduced for proportionality and fairness.

Court Disposition

Applications to strike out consent defence and justification plea dismissed; order for specific disclosure of medical records granted; Defendant's costs budget reduced.

Orders

  • Defence of consent not struck out.
  • Justification plea regarding sexual abuse not struck out.