Miller v Experience Hendrix Llc & 2 Ors

Miller v Experience Hendrix Llc & 2 Ors

The claimant failed to provide any credible evidence that the deed of assignment was forged. The contemporaneous documents overwhelmingly supported the defendants’ case that the deed was properly executed. There was no real prospect of success on the forgery or fraud allegations. The claims were totally without merit and were summarily dismissed. Indemnity costs were justified due to the claimant’s conduct and the nature of the claims.

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 Division) – Applications for Summary Judgment and Strike Out / Summary Judgment/strike Out Applications and Costs Determination
Outcome
Summary judgment for defendants; claims dismissed as totally without merit; permission to appeal refused; costs awarded to defendants on indemnity basis; interim payment ordered; no civil restraint order granted.
Legal Topics
Summary Judgment, Forgery Allegations, Issue Estoppel, Costs (indemnity Basis), Civil Restraint Orders
Civil Procedure Intellectual Property Probate Summary Judgment Forgery Allegations Issue Estoppel Costs (indemnity Basis) Civil Restraint Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 Division) – Applications for Summary Judgment and Strike Out / Summary Judgment/strike Out Applications and Costs Determination

Legal Issues

  1. 1 Whether the claimant has a real prospect of success in claims alleging forgery of a deed of assignment and fraud in prior litigation
  2. 2 Whether the claims should be summarily dismissed or struck out as totally without merit
  3. 3 Whether indemnity costs and a civil restraint order should be made

Ratio Decidendi

The claimant failed to provide any credible evidence that the deed of assignment was forged. The contemporaneous documents overwhelmingly supported the defendants’ case that the deed was properly executed. There was no real prospect of success on the forgery or fraud allegations. The claims were totally without merit and were summarily dismissed. Indemnity costs were justified due to the claimant’s conduct and the nature of the claims.

Court Disposition

Summary judgment for defendants; claims dismissed as totally without merit; permission to appeal refused; costs awarded to defendants on indemnity basis; interim payment ordered; no civil restraint order granted.

Orders

  • Claims HC14E00826 and HC14F00827 dismissed as totally without merit
  • Costs to defendants assessed on indemnity basis