Barlow v. Fanning [2002] IESC 53 (02 July 2002)

Barlow v. Fanning [2002] IESC 53 (02 July 2002)

Order 15 Rule 13 does not permit the court to rejoin a defendant to proceedings after the plaintiff has discontinued against that defendant and opposes the joinder, unless exceptional circumstances exist showing that the party's presence is necessary for the effectual and complete adjudication of the matter. Mere potential reputational damage is insufficient.

Citation
[2002] IESC 53
Parties
Plaintiff/respondent: Anthony Barlow; Plaintiff/respondent: Martin Kenneally; Plaintiff/respondent: Michael Ó Suilleabhain; First Named Defendant/respondent: Connell M Fanning; Second Named Defendant/appellant: University College Cork
Jurisdiction
Ireland
Judgment Date
02 July 2002
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order Regarding Joinder of Party
Outcome
Appeal allowed
Legal Topics
Joinder of Parties, Discontinuance of Proceedings, Vicarious Liability
Civil Procedure Joinder of Parties Discontinuance of Proceedings Vicarious Liability

Case Brief

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Parties

Anthony Barlow

Plaintiff/respondent

Martin Kenneally

Plaintiff/respondent

Michael Ó Suilleabhain

Plaintiff/respondent

Connell M Fanning

First Named Defendant/respondent

University College Cork

Second Named Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order Regarding Joinder of Party

Legal Issues

  1. 1 Whether the High Court has jurisdiction to rejoin a defendant to proceedings after the plaintiff has discontinued against that defendant and opposes the joinder
  2. 2 Whether the presence of the discontinued defendant is necessary for the effectual and complete adjudication of the matter

Ratio Decidendi

Order 15 Rule 13 does not permit the court to rejoin a defendant to proceedings after the plaintiff has discontinued against that defendant and opposes the joinder, unless exceptional circumstances exist showing that the party's presence is necessary for the effectual and complete adjudication of the matter. Mere potential reputational damage is insufficient.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Application to rejoin Professor Fanning as defendant dismissed