Kevin O'Halloran & Ors -v- Ken Fetherston & Ors [2012] IEHC 349 (31 July 2012)

Kevin O'Halloran & Ors -v- Ken Fetherston & Ors [2012] IEHC 349 (31 July 2012)

The delay of approximately fourteen months between delivery of the defence and service of the third party notice was justified because the fifth named defendant prudently awaited the results of a detailed inspection and expert report before joining the third party. The delay was not unreasonable in the circumstances, did not cause real prejudice, and the main purpose of s.27—to facilitate joined or sequential trials—was not undermined.

Citation
[2012] IEHC 349
Parties
Plaintiff: Kevin O'Halloran; Plaintiff: Teresa O'Halloran; Defendant: Ken Fetherston; Defendant: Bernadette Fetherston; Defendant: Blackrock Inns Limited; Defendant: Ellen Construction Limited; Defendant: Paul C. O'Dwyer trading as O'Dwyer and Associates; Defendant: WYG Ireland Limited; Third Party: McKelan Construction Limited
Jurisdiction
Ireland
Judgment Date
31 July 2012
Procedural Posture
Civil / Application to Set Aside Third Party Notice
Outcome
application refused
Legal Topics
Third Party Procedure, Delay in Service of Notice, Professional Negligence, Joinder of Parties
Civil Procedure Construction Law Third Party Procedure Delay in Service of Notice Professional Negligence Joinder of Parties

Case Brief

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Parties

Kevin O'Halloran

Plaintiff

Teresa O'Halloran

Plaintiff

Ken Fetherston

Defendant

Bernadette Fetherston

Defendant

Blackrock Inns Limited

Defendant

Ellen Construction Limited

Defendant

Paul C. O'Dwyer trading as O'Dwyer and Associates

Defendant

WYG Ireland Limited

Defendant

McKelan Construction Limited

Third Party

Procedural Posture

Civil / Application to Set Aside Third Party Notice

Legal Issues

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

Ratio Decidendi

The delay of approximately fourteen months between delivery of the defence and service of the third party notice was justified because the fifth named defendant prudently awaited the results of a detailed inspection and expert report before joining the third party. The delay was not unreasonable in the circumstances, did not cause real prejudice, and the main purpose of s.27—to facilitate joined or sequential trials—was not undermined.

Court Disposition

application refused

Orders

  • Refusal to set aside the third party notice
  • Parties required to engage with the Court to establish a strict timetable for exchange of pleadings and interlocutory matters in the third party proceedings