Crooks v Newdigate Properties Ltd & Ors

Crooks v Newdigate Properties Ltd & Ors

The payments made by the other defendants under the consent order satisfied the claimant's loss in full, thereby extinguishing the judgment debt against the respondent. The assignee of the judgment could not enforce it for more than the claimant's loss, and the assignment did not alter the respondent's right to credit for sums paid by joint tortfeasors. The appeal was dismissed.

Parties
Appellant: Kevin Patrick Mason; Respondent: Andrew Thomas Grogan
Jurisdiction
England and Wales
Judgment Date
02 April 2009
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Assignment of Judgment Debt, Joint Liability, Satisfaction of Judgment, Contribution Between Tortfeasors
Contract Law Tort Law Civil Procedure Assignment of Judgment Debt Joint Liability Satisfaction of Judgment Contribution Between Tortfeasors

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Parties

Kevin Patrick Mason

Appellant

Andrew Thomas Grogan

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether payment by joint tortfeasors under a consent order discharges the liability of a non-settling defendant under a judgment assigned to another defendant
  2. 2 Whether an assignee of a judgment can enforce it after the claimant has received full satisfaction from other defendants

Ratio Decidendi

The payments made by the other defendants under the consent order satisfied the claimant's loss in full, thereby extinguishing the judgment debt against the respondent. The assignee of the judgment could not enforce it for more than the claimant's loss, and the assignment did not alter the respondent's right to credit for sums paid by joint tortfeasors. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.