Murray v Castlebar Town Council & anor [2018] IEHC 603 (31 October 2018)

Murray v Castlebar Town Council & anor [2018] IEHC 603 (31 October 2018)

The defendants failed to serve the third party notice as soon as was reasonably possible, with an inordinate delay of two and a half years after being served with the personal injury summons. Prejudice to the third party is not relevant to the statutory requirement under s. 27(1)(b) Civil Liability Act 1961.

Source-derived case information.

Citation
[2018] IEHC 603
Parties
Plaintiff: Majella Murray; Defendant: Castlebar Town Council; Defendant: Mayo County Council; First Named Third Party: Airtricity Utility Solutions Limited; Second Named Third Party: Gibbons Building and Civil Engineering Limited
Jurisdiction
Ireland
Judgment Date
31 October 2018
Procedural Posture
Personal Injury / Application to Set Aside Third Party Notice
Outcome
Application granted
Legal Topics
Third Party Procedure, Delay in Joining Third Party, Prejudice in Third Party Proceedings
Civil Procedure Tort Third Party Procedure Delay in Joining Third Party Prejudice in Third Party Proceedings

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Parties

Majella Murray

Plaintiff

Castlebar Town Council

Defendant

Mayo County Council

Defendant

Airtricity Utility Solutions Limited

First Named Third Party

Gibbons Building and Civil Engineering Limited

Second Named Third Party

Procedural Posture

Personal Injury / Application to Set Aside Third Party Notice

Legal Issues

  1. 1 Whether the defendants served the third party notice as soon as is reasonably possible under s. 27(1)(b) Civil Liability Act 1961
  2. 2 Whether prejudice to the third party is relevant to setting aside the notice

Ratio Decidendi

The defendants failed to serve the third party notice as soon as was reasonably possible, with an inordinate delay of two and a half years after being served with the personal injury summons. Prejudice to the third party is not relevant to the statutory requirement under s. 27(1)(b) Civil Liability Act 1961.

Court Disposition

Application granted

Orders

  • Third party notice against Airtricity Utility Solutions Limited set aside