Source: All England Reporter
Publisher Citation: [2017] All ER (D) 145 (May)
Neutral Citation: [2017] EWCA Civ 354
Court: Court of Appeal, Civil Division

Black and Hamblen LJJ

Representation 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.
Judgment Dates: 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.

The Case

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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.