Murphy -v- Brock & Sons Ltd & Ors [2012] IEHC 438 (02 November 2012)

Murphy -v- Brock & Sons Ltd & Ors [2012] IEHC 438 (02 November 2012)

The delays by the second defendant in joining the third party were not unreasonable given the circumstances, including the need for investigation, obtaining expert advice, and the slow progress of the case largely attributable to the plaintiff. The application to set aside the third party notice is refused.

Citation
[2012] IEHC 438
Parties
Plaintiff: Mary Bernadette Murphy; First Defendant: Patrick Brock and Sons Limited; Second Defendant: Buchan Kane and Foley; Third Party: Ewbank Preece O'Heocha Limited
Jurisdiction
Ireland
Judgment Date
02 November 2012
Procedural Posture
Plenary Summons / Motion to Set Aside Third Party Notice
Outcome
application refused
Legal Topics
Third Party Procedure, Delay in Litigation, Contribution Claims
Civil Liability Construction Law Professional Negligence Third Party Procedure Delay in Litigation Contribution Claims

Case Brief

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Parties

Mary Bernadette Murphy

Plaintiff

Patrick Brock and Sons Limited

First Defendant

Buchan Kane and Foley

Second Defendant

Ewbank Preece O'Heocha Limited

Third Party

Procedural Posture

Plenary Summons / Motion to Set Aside Third Party Notice

Legal Issues

  1. 1 Whether the application to join the third party was made 'as soon as is reasonably possible' under s.27(1)(b) Civil Liability Act 1961
  2. 2 Whether delay by the second defendant in joining the third party was unreasonable

Ratio Decidendi

The delays by the second defendant in joining the third party were not unreasonable given the circumstances, including the need for investigation, obtaining expert advice, and the slow progress of the case largely attributable to the plaintiff. The application to set aside the third party notice is refused.

Court Disposition

application refused

Orders

  • third party notice remains
  • all issues to be determined together