Miller v Gardiner & Anor [2015] EWHC 1712 (Ch) (16 June 2015)

Miller v Gardiner & Anor [2015] EWHC 1712 (Ch) (16 June 2015)

Mr Miller's claims are fatally flawed, lack proper particulars, are barred by res judicata and judicial immunity, and have no real prospect of success. The evidence does not support allegations of fraud or fabrication. The claims are totally without merit and Mr Miller has persistently issued such claims, justifying an extended civil restraint order.

Citation
[2015] EWHC 1712 (Ch)
Parties
Claimant: Lawrence Miller; Defendant: Patrick J Gardiner; Defendant: Janie Hendrix; Defendant: Richard M Little; Defendant: Claire Blanchard QC
Jurisdiction
England and Wales
Judgment Date
16 June 2015
Procedural Posture
Civil / Strike Out and Summary Judgment Applications
Outcome
Claims struck out; summary judgment for defendants; extended civil restraint order made against Mr Miller.
Legal Topics
Summary Judgment, Strike Out, Civil Restraint Order, Performers' Rights, Copyright, Res Judicata, Judicial Immunity, Fraudulent Misrepresentation
Civil Procedure Intellectual Property Fraud Summary Judgment Strike Out Civil Restraint Order Performers' Rights Copyright +3 more

Case Brief

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Parties

Lawrence Miller

Claimant

Patrick J Gardiner

Defendant

Janie Hendrix

Defendant

Richard M Little

Defendant

Claire Blanchard QC

Defendant

Procedural Posture

Civil / Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the claims brought by Mr Miller have any real prospect of success
  2. 2 Whether the defendants committed fraud or used fabricated evidence
  3. 3 Whether Mr Miller's claims are barred by res judicata and issue estoppel

Ratio Decidendi

Mr Miller's claims are fatally flawed, lack proper particulars, are barred by res judicata and judicial immunity, and have no real prospect of success. The evidence does not support allegations of fraud or fabrication. The claims are totally without merit and Mr Miller has persistently issued such claims, justifying an extended civil restraint order.

Court Disposition

Claims struck out; summary judgment for defendants; extended civil restraint order made against Mr Miller.

Orders

  • Claims 122 and 123 struck out as totally without merit.
  • Summary judgment granted in favour of defendants.