Stocker v Stocker

Stocker v Stocker

The requests for further information were neither necessary nor proportionate to enable the defendant to prepare her case or understand the case she has to meet, and amounted to fishing. The application was dismissed.

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, Damages
Civil Procedure Defamation Requests for Further Information Abuse of Process Consent Publication Damages

Case Brief

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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. 1 Whether the defendant is entitled to further information under CPR Part 18 regarding motives and circumstances of publication
  2. 2 Whether the requests amount to 'fishing'
  3. 3 Whether the information sought is necessary and proportionate for preparing the defence

Ratio Decidendi

The requests for further information were neither necessary nor proportionate to enable the defendant to prepare her case or understand the case she has to meet, and amounted to fishing. The application was dismissed.

Court Disposition

application dismissed

Orders

  • Defendant to pay claimant costs of £7,000 by 15 August 2014
  • Defendant to file and serve Defence by 4.30pm on 19 September 2014