Michael Hartman

Door Tenant

Introduction

Michael Hartman practices in the civil bar mainly in Chancery matters involving contracts, trusts, and fraud.

Background and Expertise

As a long-established practitioner, he is now frequently called upon to represent clients facing or bringing difficult and complex claims involving £millions to £billion at stake.

He has fought to the Court of Appeal a client’s resistance to the interpretation of a settlement agreement with a Bank. He had to advise on the implication of terms to a contract which was entire and involved the transfer of interests in land let alone the Court’s resistance to challenges to enforcement of settlement terms.

That was followed by a client’s resistance to a worldwide freezing order which persisted even after 9 years without any enforcement in the last 4 years. On the basis that the claim lives on, the client wanted an assessment of loss he claimed was suffered as the result of that freezing order and pursuant to the claimant’s undertakings. Again it was adjudged in the Court of Appeal and is now the subject of an application for permission to appeal in the Supreme Court. The key issue arising from the recent decision of that court which held a bailee to be liable, without more, to account for goods and their condition on their return, or non-return, to the bailor; the onus of proof being heavily on the bailee.

More and more, he is asked to advise on the interpretation of contracts, statutes and trusts.

Michael’s strengths lie in his analysis of legal concepts and his determination to represent to the Court the rights of his client as forcefully as law and tact allow.

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

Read more Reported cases

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PROFILE: Michael Hartman

Year called

1976

Specialisms

Financial and Corporate law

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Civil Fraud

Memberships

Lincoln's Inn

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