Garnham v Millar & Ors

The application to set aside the Tomlin order was dismissed because there was no credible evidence that the recording was forged or that its non-disclosure had a causative effect on the settlement. Mr Garnham freely entered into the Tomlin order with legal advice, and the claims amounted to an attempt to re-litigate settled matters without real prospect of success.

Parties: Appellant: Joseph Charles Garnham; Respondent: Millar & Ors
Jurisdiction: England and Wales
Judgment Date: 22 July 2014
Procedural Posture: Civil / Renewed Oral Application for Permission to Appeal
Outcome: application dismissed
Legal Topics: Summary Judgment, Setting Aside Consent Orders, Fraudulent Misrepresentation, Finality of Litigation

Civil Procedure Contract Law Summary Judgment Setting Aside Consent Orders Fraudulent Misrepresentation Finality of Litigation

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 11

Parties

Joseph Charles Garnham

Appellant

Millar & Ors

Respondent

Procedural Posture

Civil / Renewed Oral Application for Permission to Appeal

Legal Issues

1 Whether the Tomlin order should be set aside for fraudulent misrepresentation and/or non-disclosure
2 Whether the Defendants dishonestly concealed material evidence (the recording)
3 Whether there was a real prospect of success in the claim to set aside the Tomlin order

Ratio Decidendi

Court Disposition

application dismissed

Orders

Renewed oral application for permission to appeal dismissed
Application for stay of order, transcript, and permission to adduce fresh evidence dismissed