Murnaghan -v- Markland Holdings Ltd & Ors [2007] IEHC 255 (10 August 2007)

Murnaghan -v- Markland Holdings Ltd & Ors [2007] IEHC 255 (10 August 2007)

Markland failed to serve the third-party notice on McElroy as soon as reasonably possible, as required by s. 27(1)(b) of the Civil Liability Act, 1961. The obligation to serve arose when the absence of the separation joint at foundation level became common knowledge in September 2003, and Markland could have made the necessary professional judgment by the end of 2003. Delay was not justified by Cantier's limited participation or lack of formal allegations. The third-party proceedings must be set aside.

Citation
[2007] IEHC 255
Parties
Plaintiff: Denis Murnaghan; First Named Defendant/claimant: Markland Holdings Limited; Second Named Defendant/first Named Respondent: Cantier Construction Limited (in voluntary liquidation); Third Party/second Respondent: N. McElroy Associates Limited trading as McElroy Associates Consulting Engineers
Jurisdiction
Ireland
Judgment Date
10 August 2007
Procedural Posture
Plenary Summons / Application to Set Aside Third Party Proceedings
Outcome
third-party proceedings set aside
Legal Topics
Third Party Proceedings, Contribution and Indemnity, Professional Negligence, Joinder of Parties, Delay in Service of Third Party Notice
Civil Procedure Construction Law Tort Law Third Party Proceedings Contribution and Indemnity Professional Negligence Joinder of Parties Delay in Service of Third Party Notice

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Parties

Denis Murnaghan

Plaintiff

Markland Holdings Limited

First Named Defendant/claimant

Cantier Construction Limited (in voluntary liquidation)

Second Named Defendant/first Named Respondent

N. McElroy Associates Limited trading as McElroy Associates Consulting Engineers

Third Party/second Respondent

Procedural Posture

Plenary Summons / Application to Set Aside Third Party Proceedings

Legal Issues

  1. 1 Whether the third-party notice was served as soon as reasonably possible under s. 27(1)(b) of the Civil Liability Act, 1961
  2. 2 Whether delay in serving the third-party notice justifies setting aside the third-party proceedings

Ratio Decidendi

Markland failed to serve the third-party notice on McElroy as soon as reasonably possible, as required by s. 27(1)(b) of the Civil Liability Act, 1961. The obligation to serve arose when the absence of the separation joint at foundation level became common knowledge in September 2003, and Markland could have made the necessary professional judgment by the end of 2003. Delay was not justified by Cantier's limited participation or lack of formal allegations. The third-party proceedings must be set aside.

Court Disposition

third-party proceedings set aside

Orders

  • Order setting aside the third-party proceedings