Glackin -v- Doherty & ors [2016] IEHC 622 (08 November 2016)

Glackin -v- Doherty & ors [2016] IEHC 622 (08 November 2016)

The third-party notice against Mr Tansey was not served as soon as reasonably possible, no credible reason for delay was offered, and Mr Tansey’s continued involvement serves no legitimate purpose as any claim against him is statute-barred and covered by s.35(1)(h)(i) Civil Liability Act 1961. There is no abuse of process, but the proceedings against Mr Tansey must be set aside.

Citation
[2016] IEHC 622
Parties
Plaintiff: Kevin Glackin; Defendants: Olette Doherty, Elizabeth Finnegan, Brian McMullin, Patrick McMullin, Ailish Moran, Brian O’Mahony, Bernadette Smith, James Sweeney (practising as V.P. McMullin, Solicitors); Third Party: Callan Tansey (A Firm); Third Party: Damian Tansey
Jurisdiction
Ireland
Judgment Date
08 November 2016
Procedural Posture
Civil Professional Negligence / Third Party Proceedings / Interlocutory Application to Strike Out Third Party Proceedings
Outcome
Third-party proceedings against Mr Tansey set aside; application granted.
Legal Topics
Third Party Procedure, Delay in Service, Statute Barred Claims, Abuse of Process, Contributory Negligence
Civil Procedure Professional Negligence Third Party Procedure Delay in Service Statute Barred Claims Abuse of Process Contributory Negligence

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Parties

Kevin Glackin

Plaintiff

Olette Doherty, Elizabeth Finnegan, Brian McMullin, Patrick McMullin, Ailish Moran, Brian O’Mahony, Bernadette Smith, James Sweeney (practising as V.P. McMullin, Solicitors)

Defendants

Callan Tansey (A Firm)

Third Party

Damian Tansey

Third Party

Procedural Posture

Civil Professional Negligence / Third Party Proceedings / Interlocutory Application to Strike Out Third Party Proceedings

Legal Issues

  1. 1 Whether third-party notice against Mr Tansey was served as soon as reasonably possible under s.27 Civil Liability Act 1961
  2. 2 Whether third-party claim is statute-barred
  3. 3 Whether third-party claim discloses a reasonable cause of action

Ratio Decidendi

The third-party notice against Mr Tansey was not served as soon as reasonably possible, no credible reason for delay was offered, and Mr Tansey’s continued involvement serves no legitimate purpose as any claim against him is statute-barred and covered by s.35(1)(h)(i) Civil Liability Act 1961. There is no abuse of process, but the proceedings against Mr Tansey must be set aside.

Court Disposition

Third-party proceedings against Mr Tansey set aside; application granted.

Orders

  • Third-party notice against Mr Tansey set aside pursuant to Order 16, rule 8(3) Rules of the Superior Courts 1986, as amended.
  • No legitimate purpose served by Mr Tansey’s continued involvement; proceedings against him struck out.