O'Hara v Markham [2018] EWHC 3796 (QB) (13 November 2018)

O'Hara v Markham [2018] EWHC 3796 (QB) (13 November 2018)

The defendant's application is an abuse of process, as the claims for credits have been previously litigated, lack evidential support, and are inconsistent with prior positions. There is no fiduciary relationship or evidential basis for ordering an account. Even on the merits, the claims for credits fail.

Citation
[2018] EWHC 3796
Parties
Claimant: Moira O'Hara; Defendant: Paul Markham
Jurisdiction
England and Wales
Judgment Date
13 November 2018
Procedural Posture
High Court Civil Application / Post Judgment Application to Account and Strike Out
Outcome
Application dismissed as abuse of process
Legal Topics
Abuse of Process, Enforcement of Judgments, Account and Set Off, Trusts, Bailment
Civil Procedure Trusts and Equity Abuse of Process Enforcement of Judgments Account and Set Off Trusts Bailment

Case Brief

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Parties

Moira O'Hara

Claimant

Paul Markham

Defendant

Procedural Posture

High Court Civil Application / Post Judgment Application to Account and Strike Out

Legal Issues

  1. 1 Whether the defendant is entitled to an account to determine the sum due under the 2009 judgment
  2. 2 Whether the defendant's application is an abuse of process
  3. 3 Whether credits should be allowed for chattels, mortgage redemption, trustee fees, or alleged undervalue sales

Ratio Decidendi

The defendant's application is an abuse of process, as the claims for credits have been previously litigated, lack evidential support, and are inconsistent with prior positions. There is no fiduciary relationship or evidential basis for ordering an account. Even on the merits, the claims for credits fail.

Court Disposition

Application dismissed as abuse of process

Orders

  • Defendant's application for an account is struck out as an abuse of process
  • Application would have been dismissed on the merits in any event