Hennessy -v- Griffin & Anor [2015] IEHC 150 (13 March 2015)

Hennessy -v- Griffin & Anor [2015] IEHC 150 (13 March 2015)

The third party notices were not served as soon as reasonably possible; the defendants failed to provide any proper explanation for the delay, failed to obtain timely expert evidence, and the third party suffered prejudice as a result. These failures justify setting aside the third party proceedings.

Citation
[2015] IEHC 150
Parties
Plaintiff: Michael Hennessy; Defendant: Michael Griffin; Defendant: Sean McElduff; Third Party: Wojciech Sasiadek
Jurisdiction
Ireland
Judgment Date
13 March 2015
Procedural Posture
Medical Negligence / Application to Set Aside Third Party Proceedings / Application to Set Aside Third Party Notice
Outcome
Application granted; third party proceedings set aside as against both defendants.
Legal Topics
Third Party Procedure, Delay in Joinder, Expert Evidence in Professional Negligence, Prejudice to Third Party, Reasonable Time for Service of Third Party Notice
Civil Procedure Medical Negligence Third Party Procedure Delay in Joinder Expert Evidence in Professional Negligence Prejudice to Third Party Reasonable Time for Service of Third Party Notice

Case Brief

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Parties

Michael Hennessy

Plaintiff

Michael Griffin

Defendant

Sean McElduff

Defendant

Wojciech Sasiadek

Third Party

Procedural Posture

Medical Negligence / Application to Set Aside Third Party Proceedings / Application to Set Aside Third Party Notice

Legal Issues

  1. 1 Whether the third party notices were served as soon as reasonably possible
  2. 2 Whether prejudice to the third party justifies setting aside the notices
  3. 3 Whether failure to obtain appropriate expert evidence before issuing the notices warrants setting aside

Ratio Decidendi

The third party notices were not served as soon as reasonably possible; the defendants failed to provide any proper explanation for the delay, failed to obtain timely expert evidence, and the third party suffered prejudice as a result. These failures justify setting aside the third party proceedings.

Court Disposition

Application granted; third party proceedings set aside as against both defendants.

Orders

  • Third party notices set aside as against both defendants.