Miller v Experience Hendrix LLC & Ors

Miller v Experience Hendrix LLC & Ors

The application to set aside the Hodge Judgment is barred by res judicata and issue estoppel, constitutes an impermissible collateral attack on earlier judgments, and is a clear abuse of process. No relevant new evidence of fraud has emerged since the prior proceedings, and the application lacks proper pleading and evidentiary support.

Parties
Claimant: Lawrence Miller; Defendant: Experience Hendrix LLC; Defendant: Houston Reed Wasson; Defendant: Janie Hendrix; Defendant: Patrick J Gardiner; Defendant: Nicholas E Valner; Defendant: Eversheds LLP
Jurisdiction
England and Wales
Judgment Date
16 July 2015
Procedural Posture
Application / Ruling on Application to Set Aside Judgment
Outcome
Application struck out
Legal Topics
Res Judicata, Issue Estoppel, Abuse of Process, Fraudulent Misrepresentation, Copyright, Performers' Rights
Civil Procedure Intellectual Property Res Judicata Issue Estoppel Abuse of Process Fraudulent Misrepresentation Copyright Performers' Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Lawrence Miller

Claimant

Experience Hendrix LLC

Defendant

Houston Reed Wasson

Defendant

Janie Hendrix

Defendant

Patrick J Gardiner

Defendant

Nicholas E Valner

Defendant

Eversheds LLP

Defendant

Procedural Posture

Application / Ruling on Application to Set Aside Judgment

Legal Issues

  1. 1 Whether the application to set aside the Hodge Judgment is barred by res judicata or issue estoppel
  2. 2 Whether the application constitutes an abuse of process
  3. 3 Whether there is any new evidence of fraud sufficient to set aside the judgment

Ratio Decidendi

The application to set aside the Hodge Judgment is barred by res judicata and issue estoppel, constitutes an impermissible collateral attack on earlier judgments, and is a clear abuse of process. No relevant new evidence of fraud has emerged since the prior proceedings, and the application lacks proper pleading and evidentiary support.

Court Disposition

Application struck out

Orders

  • The application to set aside the Hodge Judgment is struck out as barred by res judicata, issue estoppel, and abuse of process.