Connolly v. Casey [1999] IESC 76; [2000] 1 IR 345; [2000] 2 ILRM 226 (17th November, 1999)

Connolly v. Casey [1999] IESC 76; [2000] 1 IR 345; [2000] 2 ILRM 226 (17th November, 1999)

The delay in serving the third party notice was not unreasonable in the circumstances, as it was reasonable to await replies to particulars and a statement from the instructing solicitor before proceeding. The notice was served as soon as was reasonably possible under Section 27(1)(b) of the Civil Liability Act, 1961.

Citation
[2000] 2 ILRM 226
Parties
Appellant: Defendants/Appellants (Solicitors); Respondent: Plaintiff; Third Party: Third Party (Barrister, Michael Fitzgibbon)
Jurisdiction
Ireland
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order Setting Aside Third Party Proceedings
Outcome
Appeal allowed
Legal Topics
Third Party Proceedings, Service of Notice, Reasonable Delay, Contribution Claims
Civil Procedure Professional Negligence Third Party Proceedings Service of Notice Reasonable Delay Contribution Claims

Case Brief

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Parties

Defendants/Appellants (Solicitors)

Appellant

Plaintiff

Respondent

Third Party (Barrister, Michael Fitzgibbon)

Third Party

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order Setting Aside Third Party Proceedings

Legal Issues

  1. 1 Whether the third party notice was served 'as soon as is reasonably possible' under Section 27(1)(b) of the Civil Liability Act, 1961
  2. 2 Whether delays in serving the third party notice were reasonable

Ratio Decidendi

The delay in serving the third party notice was not unreasonable in the circumstances, as it was reasonable to await replies to particulars and a statement from the instructing solicitor before proceeding. The notice was served as soon as was reasonably possible under Section 27(1)(b) of the Civil Liability Act, 1961.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court setting aside the third party notice is reversed; third party proceedings reinstated.