Vanden Recycling Ltd v Bevin Tumulty Bolton Brothers Ltd & Anor

The satisfied consent judgment against Bolton, a joint tortfeasor, extinguishes the claim against Kras for the same damage, barring its continuance.

Parties: Claimant: Vanden Recycling Limited; First Defendant: Bevin Tumulty; Second Defendant: Bolton Brothers Limited; Third Defendant: Kras Recycling BV
Jurisdiction: England and Wales
Judgment Date: 17 December 2015
Procedural Posture: Employee Competition Litigation / Application for Strike Out or Summary Judgment
Outcome: Summary judgment granted in favour of Kras Recycling BV; claim against Third Defendant cannot continue.
Legal Topics: Joint Tortfeasors, Consent Judgment, Inducement of Breach of Contract, Breach of Confidence, Conspiracy, Summary Judgment, Strike Out, Accord and Satisfaction

Case Brief

Summary, issues, holding and outcome

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Vanden Recycling Limited

Claimant

Bevin Tumulty

First Defendant

Bolton Brothers Limited

Second Defendant

Kras Recycling BV

Third Defendant

Employee Competition Litigation / Application for Strike Out or Summary Judgment

1 Whether a satisfied consent judgment against one joint tortfeasor bars continuance of claim against another
2 Whether the claim against Kras can proceed after settlement with Bolton
3 Effect of consent orders on joint liability

The satisfied consent judgment against Bolton, a joint tortfeasor, extinguishes the claim against Kras for the same damage, barring its continuance.

Summary judgment granted in favour of Kras Recycling BV; claim against Third Defendant cannot continue.

Parties to agree an appropriate order or apply for submissions on the form of the order.