Stocks v Johns (No 2)

In the case of Stocks v Johns, the appellant, Mr. Stocks, brought an appeal against the judicial registrar’s decision to stay his civil action for damages arising from a motor vehicle collision. The respondent, Ms. Johns, had been convicted of recklessly causing serious injury and criminal damage in relation to the same incident. Mr. Stocks, who was very seriously injured and unable to work since the collision in May 2014, commenced his civil action in 2018. Ms. Johns was sentenced in February 2019 after her criminal trial in October 2018. The central issue before the court was whether the civil action should be stayed pending the finalisation of Ms. Johns' appeal against her criminal convictions and any potential retrial. Additionally, the court had to consider whether denying the stay would prejudice Ms. Johns in her criminal proceedings by increasing the risk of self-incrimination, and whether Mr. Stocks’ interest in pursuing his civil action should prevail.

The court was tasked with balancing the interests of both parties. It examined whether it was in the interests of justice to maintain the stay on the civil proceedings. The court considered the severe impact of the collision on Mr. Stocks, his inability to work, and the delay in resolving his claim. It also took into account the potential prejudice to Ms. Johns if she faced the risk of self-incrimination by participating in the civil proceedings while her appeal was ongoing. The court concluded that the appellant's interest in pursuing his civil action should take precedence, and it was not in the interests of justice to maintain the stay. The appeal was allowed, and the stay on the civil proceedings was lifted.

The court left open the possibility of a further application for a stay if Ms. Johns’ criminal appeal was successful and a retrial was ordered. This outcome ensures that the appellant can proceed with his civil action while also considering the respondent's rights and the need to avoid potential prejudice in her criminal proceedings. The final orders of the court reflect this balance, allowing the civil action to continue while reserving the right to revisit the issue of a stay if circumstances change following a successful criminal appeal.