Lyons -v- Delaney & ors [2015] IEHC 685 (03 November 2015)

Lyons -v- Delaney & ors [2015] IEHC 685 (03 November 2015)

The third party notice served on Paraic O’Kennedy was not served as soon as reasonably possible due to an unexplained five-month delay in delivering files to solicitors after receipt of the statement of claim. This delay was not justified by the complexity of the case or the need for expert advice. Accordingly, the notice must be set aside.

Citation
[2015] IEHC 685
Parties
Plaintiff: Margaret Lyons; Defendant/respondent: John Delaney; Defendant/respondent: Anthony Locke; Defendant/respondent: Patrick Thorpe; Defendant/respondent: Delaney, Locke and Thorpe (A Firm); Third Party: Cathal O’Sullivan; Third Party/applicant: Paraic O’Kennedy
Jurisdiction
Ireland
Judgment Date
03 November 2015
Procedural Posture
Application to Set Aside Third Party Notice / Post Pleadings, Interlocutory Application
Outcome
third party notice against Paraic O’Kennedy set aside
Legal Topics
Third Party Procedure, Statute of Limitations, Delay, Partnership Liability, Professional Indemnity
Civil Procedure Professional Negligence Contract Law Tort Law Third Party Procedure Statute of Limitations Delay Partnership Liability +1 more

Case Brief

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Parties

Margaret Lyons

Plaintiff

John Delaney

Defendant/respondent

Anthony Locke

Defendant/respondent

Patrick Thorpe

Defendant/respondent

Delaney, Locke and Thorpe (A Firm)

Defendant/respondent

Cathal O’Sullivan

Third Party

Paraic O’Kennedy

Third Party/applicant

Procedural Posture

Application to Set Aside Third Party Notice / Post Pleadings, Interlocutory Application

Legal Issues

  1. 1 Whether the third party notice served on Paraic O’Kennedy should be set aside
  2. 2 Whether the plaintiff’s claim is statute barred
  3. 3 Whether Paraic O’Kennedy was a partner in O’Sullivan and Associates at any material time

Ratio Decidendi

The third party notice served on Paraic O’Kennedy was not served as soon as reasonably possible due to an unexplained five-month delay in delivering files to solicitors after receipt of the statement of claim. This delay was not justified by the complexity of the case or the need for expert advice. Accordingly, the notice must be set aside.

Court Disposition

third party notice against Paraic O’Kennedy set aside

Orders

  • Order setting aside third party notice served on Paraic O’Kennedy