||All England Reporter
|| All ER (D) 145 (May)
|| EWCA Civ 354
||Court of Appeal, Civil Division
Black and Hamblen LJJ
||David Reade QC and Nick Goodfellow (instructed by Dentons UKMEA LLP) for the appellant.
||Jonathan Cohen QC and Jamie Susskind (instructed by Sintons Law) for the respondent.
||17 May 2017
Practice - Pre-trial or post-judgment relief - Summary judgment - Judge striking out claim against third defendant on basis of consent order made against first two defendants - Whether consent order being consent judgment or compromise agreement - Whether claim rightly struck out.
Practice Pre-trial or post-judgment relief. The Court of Appeal, Civil Division allowed an appeal by the claimant waste management company against the strike-out of a claim made against the third defendant. The court held that the judge had been wrong to have given summary judgment in respect of all of the claims, but should have been confined to the damages claim for conspiracy.
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