O'Hara v Markham

O'Hara v Markham

The application is an abuse of process and should be struck out; even on merits, there is no basis for credits claimed, no fiduciary relationship exists, and no evidence supports the defendant's assertions.

Parties
Claimant: Moira O'Hara; Defendant: Paul Markham
Jurisdiction
England and Wales
Judgment Date
13 November 2018
Procedural Posture
Civil / Application to Account and Strike Out
Outcome
application dismissed as abuse of process
Legal Topics
Abuse of Process, Accounting, Enforcement of Judgments, Freezing Orders, Fiduciary Relationships
Trusts Property Civil Procedure Abuse of Process Accounting Enforcement of Judgments Freezing Orders Fiduciary Relationships

Case Brief

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Parties

Moira O'Hara

Claimant

Paul Markham

Defendant

Procedural Posture

Civil / Application to Account and Strike Out

Legal Issues

  1. 1 Whether the defendant is entitled to an account to determine credits against the judgment debt
  2. 2 Whether the application for an account is an abuse of process
  3. 3 Whether credits for chattels, mortgage redemption, trustee fees, and sale of property should be allowed

Ratio Decidendi

The application is an abuse of process and should be struck out; even on merits, there is no basis for credits claimed, no fiduciary relationship exists, and no evidence supports the defendant's assertions.

Court Disposition

application dismissed as abuse of process

Orders

  • application for account struck out
  • application dismissed on merits