Garnham v Millar & Ors

Garnham v Millar & Ors

The proceedings are an abuse of process as they involve a collateral attack on matters already decided in previous litigation between the parties, are totally without merit, and constitute unjust harassment. The claimant has persistently issued meritless claims and applications, justifying the making of an extended civil restraint order.

Parties
Claimant: Joseph Charles Garnham; Defendant: Christopher Ian Millar; Defendant: Jane Marie Whiting; Defendant: Downs Solicitors; Defendant: The Executors of Mrs I. E. G. Bristow’s Estate; Defendant: Downs Solicitors LLP
Jurisdiction
England and Wales
Judgment Date
11 February 2015
Procedural Posture
Civil / Application for Strike Out and Civil Restraint Order
Outcome
Claim struck out; extended civil restraint order granted against claimant
Legal Topics
Strike Out Applications, Civil Restraint Orders, Collateral Attack, Disclosure Obligations
Civil Procedure Res Judicata Abuse of Process Strike Out Applications Civil Restraint Orders Collateral Attack Disclosure Obligations

Case Brief

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Parties

Joseph Charles Garnham

Claimant

Christopher Ian Millar

Defendant

Jane Marie Whiting

Defendant

Downs Solicitors

Defendant

The Executors of Mrs I. E. G. Bristow’s Estate

Defendant

Downs Solicitors LLP

Defendant

Procedural Posture

Civil / Application for Strike Out and Civil Restraint Order

Legal Issues

  1. 1 Whether the proceedings are an abuse of process due to relitigation of matters already decided
  2. 2 Whether the claim discloses any reasonable grounds for bringing the claim
  3. 3 Whether the claimant has persistently issued claims or applications totally without merit justifying a civil restraint order

Ratio Decidendi

The proceedings are an abuse of process as they involve a collateral attack on matters already decided in previous litigation between the parties, are totally without merit, and constitute unjust harassment. The claimant has persistently issued meritless claims and applications, justifying the making of an extended civil restraint order.

Court Disposition

Claim struck out; extended civil restraint order granted against claimant

Orders

  • The claim is struck out as against all defendants.
  • The claim is certified as totally without merit.