Stocker v Stocker [2014] EWHC 2402 (QB) (18 July 2014)

The requests for further information were not necessary or proportionate to enable the defendant to prepare her case or understand the case she has to meet. They amounted to impermissible fishing for information to support potential defences not yet pleaded and sought information about third-party motives irrelevant to the pleaded issues. The application was therefore dismissed.

Citation: [2014] EWHC 2402
Parties: Claimant: Ronald Terance Stocker; Defendant: Nicola Stocker
Jurisdiction: England and Wales
Judgment Date: 18 July 2014
Procedural Posture: Defamation / Interlocutory Application for Further Information Under CPR Part 18
Outcome: Application dismissed
Legal Topics: Requests for Further Information, Abuse of Process, Consent, Publication on Social Media, Aggravated Damages

Defamation Civil Procedure Requests for Further Information Abuse of Process Consent Publication on Social Media Aggravated Damages

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Parties

Ronald Terance Stocker

Claimant

Nicola Stocker

Defendant

Procedural Posture

Defamation / Interlocutory Application for Further Information Under CPR Part 18

Legal Issues

1 Whether the claimant should be ordered to answer the defendant's CPR Part 18 requests for further information
2 Whether the requests are necessary and proportionate under CPR PD18.1 and 18.2
3 Whether the requests amount to impermissible 'fishing' for information

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Defendant to pay claimant's costs in the agreed sum of £7,000 by 15 August 2014
Defendant to file and serve Defence by 4.30pm on 19 September 2014