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

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, but were instead attempts to obtain information to see if certain defences could be made out, amounting to impermissible 'fishing'.

Citation
[2014] EWHC 2402 (QB)
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 (cpr Part 18) and Extension of Time for Defence
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 (cpr Part 18) and Extension of Time for Defence

Legal Issues

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

Ratio Decidendi

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, but were instead attempts to obtain information to see if certain defences could be made out, amounting to impermissible 'fishing'.

Court Disposition

Application dismissed

Orders

  • Application for further information under CPR Part 18 dismissed
  • Defendant to pay claimant's costs in the agreed sum of £7,000 by 15 August 2014