Miller v Experience Hendrix Llc & 2 Ors [2014] EWHC 2695 (Ch) (16 July 2014)

Miller v Experience Hendrix Llc & 2 Ors [2014] EWHC 2695 (Ch) (16 July 2014)

The claimant has no real prospect of success in establishing that the signatures on the deed of assignment were forged; contemporaneous documents overwhelmingly support proper execution; allegations are bare assertions unsupported by credible evidence; all points could and should have been raised in earlier proceedings; summary judgment granted and claims struck out.

Citation
[2014] EWHC 2695 (Ch)
Parties
Claimant/respondent: Lawrence Miller; Defendant/applicant: Experience Hendrix LLC; Defendant/applicant: Houston Reed Wasson; Defendant/applicant: Janie Hendrix; Defendant/applicant: Patrick John Gardiner; Defendant/applicant: Nicholas E Valner (deceased); Defendant/applicant: Eversheds LLP
Jurisdiction
England and Wales
Judgment Date
16 July 2014
Procedural Posture
Civil Chancery / Summary Judgment/strike Out Applications
Outcome
Claims dismissed; summary judgment granted; claims struck out.
Legal Topics
Summary Judgment, Fraud, Issue Estoppel, Performer's Rights, Forgery Allegations, Assignment of Rights
Civil Procedure Intellectual Property Probate Summary Judgment Fraud Issue Estoppel Performer's Rights Forgery Allegations +1 more

Case Brief

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Parties

Lawrence Miller

Claimant/respondent

Experience Hendrix LLC

Defendant/applicant

Houston Reed Wasson

Defendant/applicant

Janie Hendrix

Defendant/applicant

Patrick John Gardiner

Defendant/applicant

Nicholas E Valner (deceased)

Defendant/applicant

Eversheds LLP

Defendant/applicant

Procedural Posture

Civil Chancery / Summary Judgment/strike Out Applications

Legal Issues

  1. 1 Whether the signatures on the deed of assignment dated 13 November 2000 are forgeries
  2. 2 Whether the claimant has a real prospect of success in setting aside earlier judgments based on alleged fraud
  3. 3 Whether the defendants unlawfully interfered with the claimant's business by relying on allegedly forged documents

Ratio Decidendi

The claimant has no real prospect of success in establishing that the signatures on the deed of assignment were forged; contemporaneous documents overwhelmingly support proper execution; allegations are bare assertions unsupported by credible evidence; all points could and should have been raised in earlier proceedings; summary judgment granted and claims struck out.

Court Disposition

Claims dismissed; summary judgment granted; claims struck out.

Orders

  • Claim HC14E00826 dismissed against all defendants.
  • Claim HC14F00827 dismissed against all defendants.