Miller v Experience Hendrix LLC & Ors [2015] EWHC 288 (Ch) (16 July 2015)

Miller v Experience Hendrix LLC & Ors [2015] EWHC 288 (Ch) (16 July 2015)

Mr. Miller's application is barred by res judicata and issue estoppel, constitutes an impermissible collateral attack on earlier judgments, and is a clear abuse of process. No new evidence of fraud has been produced that could justify setting aside the Hodge Judgment. The application is also procedurally defective and unsupported by proper evidence.

Citation
[2015] EWHC 288 (Ch)
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 to Set Aside Judgment / Hearing of Application to Set Aside Summary Judgment
Outcome
Application struck out as an abuse of process and barred by res judicata and issue estoppel.
Legal Topics
Res Judicata, Issue Estoppel, Abuse of Process, Fraud on the Court, Copyright, Performers' Rights
Civil Procedure Intellectual Property Fraud Res Judicata Issue Estoppel Abuse of Process Fraud on the Court Copyright +1 more

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 4 Authorities cited 21 Party arguments 2
Sign in to unlock

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 to Set Aside Judgment / Hearing of Application to Set Aside Summary 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 earlier judgment

Ratio Decidendi

Mr. Miller's application is barred by res judicata and issue estoppel, constitutes an impermissible collateral attack on earlier judgments, and is a clear abuse of process. No new evidence of fraud has been produced that could justify setting aside the Hodge Judgment. The application is also procedurally defective and unsupported by proper evidence.

Court Disposition

Application struck out as an abuse of process and barred by res judicata and issue estoppel.

Orders

  • Application to set aside Hodge Judgment is struck out.
  • No further proceedings on these matters may be brought without permission due to the Extended Civil Restraint Order.