Istvan Acs -v- KCT Freight Ltd & anor [2016] IEHC 625 (08 November 2016)

Istvan Acs -v- KCT Freight Ltd & anor [2016] IEHC 625 (08 November 2016)

The defendant failed to serve the third-party notice as soon as was reasonably possible as required by s.27(1)(b) of the Civil Liability Act 1961, and the delay, particularly over the Summer Vacation, was not justified by the circumstances. The statutory standard was not met, and the third-party proceedings must be set aside.

Citation
[2016] IEHC 625
Parties
Plaintiff: Istvan Acs; Defendant: KCT Freight Limited; Third Party: Interlink Ireland Limited
Jurisdiction
Ireland
Judgment Date
08 November 2016
Procedural Posture
Personal Injury / Third Party Application / Application to Set Aside Third Party Proceedings
Outcome
Third-party proceedings set aside
Legal Topics
Third Party Procedure, Time Limits for Joinder, Civil Liability Act 1961 S.27(1)(b), Rules of the Superior Courts Order 16 Rule 1(3)
Civil Procedure Personal Injury Third Party Procedure Time Limits for Joinder Civil Liability Act 1961 S.27(1)(b) Rules of the Superior Courts Order 16 Rule 1(3)

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Parties

Istvan Acs

Plaintiff

KCT Freight Limited

Defendant

Interlink Ireland Limited

Third Party

Procedural Posture

Personal Injury / Third Party Application / Application to Set Aside Third Party Proceedings

Legal Issues

  1. 1 Whether the third-party notice was served 'as soon as is 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

The defendant failed to serve the third-party notice as soon as was reasonably possible as required by s.27(1)(b) of the Civil Liability Act 1961, and the delay, particularly over the Summer Vacation, was not justified by the circumstances. The statutory standard was not met, and the third-party proceedings must be set aside.

Court Disposition

Third-party proceedings set aside

Orders

  • The application to set aside the third-party proceedings is granted.