S. Doyle & Sons Roscommon Ltd -v- Flemco Supermarket Ltd & Ors [2009] IEHC 581 (02 December 2009)

S. Doyle & Sons Roscommon Ltd -v- Flemco Supermarket Ltd & Ors [2009] IEHC 581 (02 December 2009)

Griffin did not bring its applications to set aside the third party notices as soon as reasonably possible, particularly after delivering a defence and engaging in the proceedings, thereby electing to defend the third party proceedings and forfeiting the right to seek to set aside the notices. Even if there was delay by Flemco and Rhatigan, the applications must be dismissed for Griffin's own delay.

Citation
[2009] IEHC 581
Parties
Plaintiff: S. Doyle & Sons Roscommon Limited; First Defendant: Flemco Supermarket Limited; Second Defendant: J. J. Rhatigan and Company Limited; Third Party: Fortlyster Limited trading as Hugh Griffin Associates
Jurisdiction
Ireland
Judgment Date
02 December 2009
Procedural Posture
High Court Civil Proceedings / Application to Set Aside Third Party Notices
Outcome
Applications to set aside third party notices dismissed
Legal Topics
Third Party Procedure, Contribution and Indemnity, Delay in Litigation, Professional Negligence, Multiplicty of Actions
Civil Procedure Tort Law Professional Negligence Third Party Procedure Contribution and Indemnity Delay in Litigation Multiplicty of Actions

Case Brief

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Parties

S. Doyle & Sons Roscommon Limited

Plaintiff

Flemco Supermarket Limited

First Defendant

J. J. Rhatigan and Company Limited

Second Defendant

Fortlyster Limited trading as Hugh Griffin Associates

Third Party

Procedural Posture

High Court Civil Proceedings / Application to Set Aside Third Party Notices

Legal Issues

  1. 1 Whether third party notices were served as soon as reasonably possible under s.27(1)(b) Civil Liability Act 1961
  2. 2 Whether applications to set aside third party notices were brought as soon as reasonably possible
  3. 3 Whether delay in serving or challenging third party notices was justified

Ratio Decidendi

Griffin did not bring its applications to set aside the third party notices as soon as reasonably possible, particularly after delivering a defence and engaging in the proceedings, thereby electing to defend the third party proceedings and forfeiting the right to seek to set aside the notices. Even if there was delay by Flemco and Rhatigan, the applications must be dismissed for Griffin's own delay.

Court Disposition

Applications to set aside third party notices dismissed

Orders

  • Order dismissing Griffin's application to set aside Rhatigan's third party notice
  • Order dismissing Griffin's application to set aside Flemco's third party notice