Garnham v Millar & Ors

Facts

Mr Joseph Garnham, a litigant in person, had been a party to a probate claim following the death of Mr Arthur Wilkins, which was compromised by a consent order dated 28 October 2003 imposing significant obligations on Mr Wilkins' sister, Mrs Iris Bristow. In 2009 Mrs Bristow sued Mr Garnham and his wife, alleging false representations made shortly before that order. Those proceedings settled at a mediation on 14 May 2010, the terms being reflected in a Tomlin order sealed on 7 June 2010. Shortly before the mediation Mr Garnham learned of a recording of a hospital conversation between himself and Mrs Bristow, which he maintained had been deliberately withheld and deployed as an ambush. Mrs Bristow died on 22 June 2011. Mr Garnham's application within the 2009 proceedings to set aside the Tomlin order was dismissed by Morgan J on 24 November 2011. His fresh 2012 proceedings, alleging conspiracy, perjury and dishonesty and claiming £1,378,731.07, were struck out by Proudman J on 8 October 2012 with indemnity costs; permission to appeal was refused by Lewison LJ on paper and by Vos LJ orally. Mr Garnham nonetheless issued the present claim on 27 March 2014 against the firm, two solicitors personally, a predecessor firm and Mrs Bristow's executors, claiming £1,378,731.10. The defendants applied to strike out and for a civil restraint order.