Clúid Housing Association -v- O'Brien & ors [2015] IEHC 398 (30 June 2015)

Clúid Housing Association -v- O'Brien & ors [2015] IEHC 398 (30 June 2015)

The respondent did not serve the third party notice as soon as reasonably possible as required by s.27(1)(b) Civil Liability Act 1961, given its knowledge of the facts, expertise, and the detailed statement of claim; the explanations for delay were not substantiated; the applicant acted reasonably in seeking to set aside the notice.

Citation
[2015] IEHC 398
Parties
Plaintiff: Clúid Housing Association; Defendant: Brian O’Brien and Michael Haslam practicing under the style and title of Solearth Ecological Architecture; Defendant/respondent: Remco Limited trading as Malone O’Regan Consulting Engineers; Defendant: P. Elliot & Company Limited (in Receivership and Liquidation); Third Party/applicant: DTE Manufacturing Limited trading as Dempsey Timber Engineering
Jurisdiction
Ireland
Judgment Date
30 June 2015
Procedural Posture
Application to Set Aside Third Party Notice in Civil Proceedings / High Court Judgment on Interlocutory Application
Outcome
Application granted; third party proceedings set aside
Legal Topics
Third Party Procedure, Professional Negligence, Limitation Periods, Joinder of Parties, Contribution and Indemnity
Civil Procedure Construction Law Tort Law Third Party Procedure Professional Negligence Limitation Periods Joinder of Parties Contribution and Indemnity

Case Brief

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Parties

Clúid Housing Association

Plaintiff

Brian O’Brien and Michael Haslam practicing under the style and title of Solearth Ecological Architecture

Defendant

Remco Limited trading as Malone O’Regan Consulting Engineers

Defendant/respondent

P. Elliot & Company Limited (in Receivership and Liquidation)

Defendant

DTE Manufacturing Limited trading as Dempsey Timber Engineering

Third Party/applicant

Procedural Posture

Application to Set Aside Third Party Notice in Civil Proceedings / High Court Judgment on Interlocutory Application

Legal Issues

  1. 1 Whether the third party notice was served as soon as reasonably possible under s.27(1)(b) Civil Liability Act 1961
  2. 2 Whether delay in issuing and serving the third party notice was justified in the circumstances
  3. 3 Whether the applicant acted as soon as reasonably possible in seeking to set aside the third party notice

Ratio Decidendi

The respondent did not serve the third party notice as soon as reasonably possible as required by s.27(1)(b) Civil Liability Act 1961, given its knowledge of the facts, expertise, and the detailed statement of claim; the explanations for delay were not substantiated; the applicant acted reasonably in seeking to set aside the notice.

Court Disposition

Application granted; third party proceedings set aside

Orders

  • The third party proceedings brought by the third named defendant/respondent are set aside.