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

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

The defences of consent and justification as pleaded were arguable and should not be struck out; the Defendant was ordered to search her medical records for relevant documents and disclose them subject to confidentiality; the Defendant's costs budget was substantially reduced as disproportionate to the issues at stake.

Citation
[2015] EWHC 1634 (QB)
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; Applications to Strike Out Defences and for Disclosure
Outcome
Applications to strike out defences refused; application for disclosure of medical records granted; Defendant's costs budget substantially reduced and approved as modified.
Legal Topics
Libel, Consent Defence, Justification Defence, Disclosure of Medical Records, Costs Budgeting
Defamation Civil Procedure Libel Consent Defence 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; Applications to Strike Out Defences and for Disclosure

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 defences of consent and justification as pleaded were arguable and should not be struck out; the Defendant was ordered to search her medical records for relevant documents and disclose them subject to confidentiality; the Defendant's costs budget was substantially reduced as disproportionate to the issues at stake.

Court Disposition

Applications to strike out defences refused; application for disclosure of medical records granted; Defendant's costs budget substantially reduced and approved as modified.

Orders

  • Defence of consent not struck out; to proceed to trial.
  • Justification plea regarding sexual abuse not struck out; to proceed to trial.