Kennedy -v- O'Sullivan & Ors [2012] IEHC 294 (13 July 2012)

Kennedy -v- O'Sullivan & Ors [2012] IEHC 294 (13 July 2012)

The limitation period for the defendants' third party claim is governed by s. 31 of the Civil Liability Act 1961, running from the date of settlement (24 January 2012), not from the original contract date. The proceedings were issued within two years and are not statute barred. No inordinate or inexcusable delay occurred, given the 'informal cease fire' and prompt action after defence delivery.

Citation
[2012] IEHC 294
Parties
Plaintiff: Orla Kennedy; Defendants: John O'Sullivan and Dorothy Whelan practising under the style and title of John S. O'Sullivan Solicitors; Third Parties: Alsastair Jackson, Keygo Properties Limited and Conor O'Toole, Grainne V. White, Feargal White and Joyce M. Coakley practising under the style and title of Coughlan White & Partners Solicitors (a firm)
Jurisdiction
Ireland
Judgment Date
13 July 2012
Procedural Posture
Motion to Strike Out Third Party Proceedings / Post Settlement, Interlocutory Application
Outcome
motion refused
Legal Topics
Statute of Limitations, Third Party Proceedings, Contribution and Indemnity, Delay in Issuing Third Party Notice
Civil Procedure Professional Negligence Contract Law Statute of Limitations Third Party Proceedings Contribution and Indemnity Delay in Issuing Third Party Notice

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Parties

Orla Kennedy

Plaintiff

John O'Sullivan and Dorothy Whelan practising under the style and title of John S. O'Sullivan Solicitors

Defendants

Alsastair Jackson, Keygo Properties Limited and Conor O'Toole, Grainne V. White, Feargal White and Joyce M. Coakley practising under the style and title of Coughlan White & Partners Solicitors (a firm)

Third Parties

Procedural Posture

Motion to Strike Out Third Party Proceedings / Post Settlement, Interlocutory Application

Legal Issues

  1. 1 Are the defendants' third party proceedings statute barred?
  2. 2 Was there inordinate and inexcusable delay in issuing the third party notice?
  3. 3 Should the third party notice be struck out for delay or deferred for preliminary hearing?

Ratio Decidendi

The limitation period for the defendants' third party claim is governed by s. 31 of the Civil Liability Act 1961, running from the date of settlement (24 January 2012), not from the original contract date. The proceedings were issued within two years and are not statute barred. No inordinate or inexcusable delay occurred, given the 'informal cease fire' and prompt action after defence delivery.

Court Disposition

motion refused

Orders

  • Relief sought to strike out third party proceedings as statute barred refused.
  • Relief sought to dismiss or set aside third party notice for delay refused.