McDonagh -v- McDonagh & ors [2016] IEHC 702 (06 December 2016)
The third party notice was struck out because its service without appropriate expert medical evidence constituted an abuse of process, and the delay in service failed to comply with statutory requirements.
- Citation
- [2016] IEHC 702
- Parties
- Plaintiff: Martin McDonagh; Defendant: Lena McDonagh; Third Party: Health Services Executive (HSE); Third Party: Patrick O’Meara; Third Party: John Rice
- Jurisdiction
- Ireland
- Judgment Date
- 06 December 2016
- Procedural Posture
- Personal Injury/medical Negligence / Application to Set Aside Third Party Notice
- Outcome
- third party notice struck out
- Legal Topics
- Abuse of Process, Requirement for Expert Evidence, Delay in Service of Third Party Notice
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Martin McDonagh
Plaintiff
Lena McDonagh
Defendant
Health Services Executive (HSE)
Third Party
Patrick O’Meara
Third Party
John Rice
Third Party
Procedural Posture
Personal Injury/medical Negligence / Application to Set Aside Third Party Notice
Legal Issues
- 1 Whether third party notice should be set aside due to absence of expert medical evidence
- 2 Whether delay in serving third party notice justifies strike-out
Ratio Decidendi
The third party notice was struck out because its service without appropriate expert medical evidence constituted an abuse of process, and the delay in service failed to comply with statutory requirements.
Court Disposition
third party notice struck out
Orders
- Third party notice against HSE, Patrick O’Meara, and John Rice set aside
- Proceedings against third parties dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment