Michael Hartman

Door Tenant

Reported cases

PAUL CHARLES MARKHAM v MOIRA O'HARA (Formerly MOIRA KARSTEN) (2019)

A Judge had not erred in principle in ordering only a partial and conditional discharge of a worldwide freezing injunction imposed on a judgment debtor. The requirements for imposing the injunction remained in place, including the real risk of dissipation of assets by the debtor, who had failed to comply with orders made by the English and French courts and had done all he could to resist enforcement.

[2019] EWCA Civ 397

CA (Civ Div) (Underhill LJ, Hamblen LJ) 19/03/2019

References: LTL 19/3/2019 : [2019] 3 WLUK 285

O'HARA v PAUL MARKHAM (2018)

A judgment debtor's application for an account of credits due to him against his judgment debt was refused as being an abuse of process and totally without merit. He had repeatedly brought unsuccessful applications against the judgment creditor, with arguments completely opposed to his stance at the trial, and he threatened her with further litigation, when she had no prospect of recovering the sums due from him. It was hard to imagine an applicant for equitable relief with less clean hands.

[2018] EWHC 3796 (QB)

QBD (Males J) 13/11/2018

References: LTL 14/11/2018 EXTEMPORE : [2018] 11 WLUK 176

• ANTHONY JAMES COLE v LIAM PAUL PARIS HOWLETT & ORS (2017)

It had been an illegitimate exercise of the court's power under CPR r.3.1(7) to vary an order so that a bankrupt claimant was allowed to amend his claim form and particulars of claim to plead an assignment of the causes of action to him by the Official Receiver where there had not been a material change of circumstances; rather, the judge had simply changed his mind. The possibility of such an assignment happening had already been contemplated by the judge in refusing an adjournment on the issue.

CIVIL PROCEDURE - CPR - INTELLECTUAL PROPERTY - INSOLVENCY

CA (Civ Div) (Gloster LJ, Lewison LJ) 20/07/2017

References: LTL 21/7/2017 EXTEMPORE : [2018] BPIR 49 : [2017] 7 WLUK 464

(1) ATUL KUMAR BHARDWAJ (2) SUPERNA SAREEN BHARDWAJ v ROYAL BANK OF SCOTLAND (2017)

An issue that a settlement agreement was too uncertain to be enforced had been abandoned at trial and permission to raise that issue on appeal was refused. In any event an appeal on that issue would have failed: the parties had proceeded on the common understanding that new loan facilities would have the same repayment dates as the facilities that were being replaced and the settlement agreement was to be interpreted on that basis.

CIVIL PROCEDURE - BANKING AND FINANCE - REAL PROPERTY - CONTRACTS

[2017] EWHC 340 (Ch)

Ch D (John Baldwin QC) 28/02/2017

References: LTL 8/3/2017

• AHMAD & ORS v BANK OF SCOTLAND PLC & ORS (2016)

A cause of action estoppel created by the dismissal of a defence and counterclaim to a bank's claim for payment of a company's debts under personal guarantees precluded the making of a fresh claim by the guarantors against the bank for damages for an alleged breach of an agreement regarding the appointment of receivers.

CIVIL PROCEDURE - BANKING AND FINANCE

[2016] EWCA Civ 602

CA (Civ Div) (Lewison LJ, Gloster LJ) 24/06/2016

References: LTL 24/6/2016

BELLCROWN ASSOCIATES LTD v ROYAL BANK OF SCOTLAND PLC (2015)

A master had been entitled to refuse an application for a further extension of time for service of a claim form where the application had been made late, and there were no exceptional circumstances that would have justified an extension.

CIVIL PROCEDURE

[2015] EWHC 1845 (QB)

QBD (Judge Seymour QC) 17/03/2015

References: LTL 18/3/2015 EXTEMPORE

• PHONEPAYPLUS LTD v (1) WAQAR ASHRAF (2) MAHMOONA HUSSAIN (2014)

An enforcement authority's power to impose fines on premium-rate telecommunications providers was not ultra vires. Althoug the Codcode of practice under which the authority acted not refer to the restrictions on imposing fines in the Communications Act 2003 s.123, Those restrictions applied as if expressly incorporated in the Code.

TELECOMMUNICATIONS

[2014] EWHC 4303 (Ch)

Ch D (R Hollington QC) 19/12/2014

References: LTL 2/1/2015 : [2015] Bus LR 567

HELAL UDDIN ABBAS (Claimant) v SHAH YOUSUF (Defendant) & SALEHA ALI (Respondent) (2014)

An application by the defendant to a libel action for a non-party disclosure order was premature: he had not served a defence, meaning that he had as yet no "case" for the purposes of the CPR r.31.17(3)(a).

DEFAMATION - CIVIL PROCEDURE

[2014] EWHC 662 (QB)

QBD (Tugendhat J) 18/03/2014

References: LTL 24/3/2014

HEATHER FRENCH v GROUPAMA INSURANCE CO LTD (2011)

A judge had been wrong to apply the rule in Stokes Pension Fund Trustees v Western Power Distribution (South West) Plc [2005] EWCA Civ 854 to an offer to settle which was contained in privileged correspondence before proceedings were issued, as the offer had not met the requirements set out in Stokes. The court exercised its discretion under the CPR r.44.3 and made no order for costs, save that the defendant should pay the claimant's costs up to the date on which the offer could have been accepted.

CIVIL PROCEDURE - COSTS - CPR

[2011] EWCA Civ 1119

CA (Civ Div) (Rix LJ, Lloyd LJ, Toulson LJ) 11/10/2011

References: LTL 11/10/2011 : [2011] 4 Costs LO 547 : [2012] CP Rep 2 : [2011] 10 WLUK 239

M S TASNEEM v DUDLEY GROUP OF HOSPITALS NHS TRUST (2010)

The date recorded on an employment tribunal judgment as the date on which it was sent to the parties was not conclusive and could be rebutted by other evidence. Accordingly, in the absence of conclusive proof of the date of sending in the form of the posting envelope, the balance of probabilities indicated that all documents were sent the day before receipt.

EMPLOYMENT - CIVIL PROCEDURE

EAT (Judge Serota QC) 18/01/2010

References: LTL 1/4/2010

PHILLIP MORONEY v ANGLO-EUROPEAN COLLEGE OF CHIROPRACTIC (2008)

A judge had correctly found that a claim for breach of contract brought against a college by a former student had no reasonable prospect of success, as there had been no material irregularity in the decisions of a panel of internal examiners and of a final board to withdraw him from the course, and there had been unjustifiable delay in issuing proceedings.

EDUCATION - CONTRACTS

[2008] EWHC 2633 (QB)

QBD (Underhill J) 7/11/2008

References: LTL 13/11/2008 : [2009] ELR 111 : [2008] 11 WLUK 149

(1) THEMIS AVRAAMIDES (2) EMMA MAITLAND V (1) MARK COLWILL (2) STEPHEN MARTIN (T/A BATHROOM TRADING COMPANY) (2006)

On the true construction of a transfer agreement, under which the appellants assumed liabilities of a company, the respondents were not third parties who were entitled to enforce the transfer agreement under the Contracts (Rights of Third Parties) Act 1999 .

CONTRACTS

[2006] EWCA Civ 1533

CA (Civ Div) (Waller LJ, Leveson LJ) 14/11/2006

References: LTL 14/11/2006 : [2007] BLR 76 : (2006) 103(46) LSG 31 : [2006] NPC 120 : [2006] 11 WLUK 297 : Times, December 8, 2006

• (1) SILVERSAFE LTD (IN LIQUIDATION) (2) TIMOTHY JAMES BRAMSTON v (1) DAVID HOOD (2) TATTERSHALL INVERSIONES SL (3) WILDTOWER LTD (4) KEEPBYTE LTD (5) IQBAL PUBLIC LTD (2006)

Permission to re-amend the applicants' particulars of claim in an action alleging VAT fraud would be granted where further evidence to be adduced suggesting the second defendant's involvement in similar transactions had probative value and had not been obtained unlawfully.

CIVIL PROCEDURE - CIVIL EVIDENCE - VAT

[2006] EWHC 1849 (Ch)

Ch D (Peter Smith J) 25/07/2006

References: LTL 2/8/2006 : [2007] STC 871 : [2006] STI 1988

DANIEL IBEKWE V LONDON GENERAL TRANSPORT SERVICES LTD (2003)

An employer had taken reasonable steps to draw proposed changes in its pension scheme to an employee's attention by following its usual practice of distributing official information with payslips even though the employee had not actually received the relevant information.

PENSIONS - EMPLOYMENT - CONTRACTS - TORTS

[2003] EWCA Civ 1075

CA (Civ Div) (Brooke LJ, Arden LJ, Scott Baker LJ) 25/07/2003

References: LTL 25/7/2003 : [2003] IRLR 697 : [2004] OPLR 1 : [2003] Pens LR 277

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PROFILE: Michael Hartman

Year called

1976

Specialisms

Financial and Corporate law

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Civil Fraud

Memberships

Middle Temple

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