Coleman v Joyce & Ors (Approved) [2023] IEHC 79 (16 February 2023)

Coleman v Joyce & Ors (Approved) [2023] IEHC 79 (16 February 2023)

The Defendant acted as soon as reasonably possible in applying to join the Third Party, given the complexity of the case and the necessity to obtain further information via notice for particulars and replies. The delay was justified and reasonable under the circumstances. The Third Party's application to set aside...

Source-derived case information.

Citation
[2023] IEHC 79
Parties
Plaintiff: Carla Coleman; Defendant: Anthony M Joyce (practicing as Anthony Joyce & Company Solicitors); Third Party: Clement Herron
Jurisdiction
Ireland
Judgment Date
16 February 2023
Procedural Posture
High Court Civil Action / Ruling on Motion to Set Aside Third Party Notice and Order
Outcome
Third Party's application to set aside the Third Party Notice refused.
Legal Topics
Third Party Procedure, Joinder of Parties, Professional Negligence, Contribution Under Civil Liability Act
Civil Procedure Tort Law Third Party Procedure Joinder of Parties Professional Negligence Contribution Under Civil Liability Act

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Parties

Carla Coleman

Plaintiff

Anthony M Joyce (practicing as Anthony Joyce & Company Solicitors)

Defendant

Clement Herron

Third Party

Procedural Posture

High Court Civil Action / Ruling on Motion to Set Aside Third Party Notice and Order

Legal Issues

  1. 1 Whether the Defendant applied to join the Third Party as soon as reasonably possible under s.27 Civil Liability Act 1961 and Order 16 RSC
  2. 2 Whether the Third Party acted with reasonable expedition in seeking to set aside the Third Party Notice
  3. 3 Appropriateness of joining the Third Party given the complexity and information available

Ratio Decidendi

The Defendant acted as soon as reasonably possible in applying to join the Third Party, given the complexity of the case and the necessity to obtain further information via notice for particulars and replies. The delay was justified and reasonable under the circumstances. The Third Party's application to set aside the Third Party Notice was refused.

Court Disposition

Third Party's application to set aside the Third Party Notice refused.

Orders

  • Third Party Notice and Order remain in place.
  • Third Party remains joined to the proceedings.