Crill Canavan -v- Mackinnon [2013] JRC 192A (01 October 2013)

Crill Canavan -v- Mackinnon [2013] JRC 192A (01 October 2013)

Crill Canavan is authorised to convene Mr Brownbill as a third party because the claim for contribution or indemnity arises from the same facts as the main claim, service out of the jurisdiction is justified under Rules 7(c) and 7(f) of the Service of Process Rules 1994, and the risk of multiple proceedings and inconsistent findings is best avoided by having all relevant parties and issues determined in Jersey.

Citation
[2013] JRC 192A
Parties
Plaintiff: Crill Canavan; Defendant: Mr Mackinnon; Third Party (to Be Convened): David Brownbill Q.C.
Jurisdiction
Jersey
Judgment Date
01 October 2013
Procedural Posture
Application to Convene Third Party / Interlocutory
Outcome
application granted
Legal Topics
Joinder of Third Parties, Service Out of Jurisdiction, Costs Orders, Forum Non Conveniens, Contribution and Indemnity
Civil Procedure Professional Negligence Joinder of Third Parties Service Out of Jurisdiction Costs Orders Forum Non Conveniens Contribution and Indemnity

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Parties

Crill Canavan

Plaintiff

Mr Mackinnon

Defendant

David Brownbill Q.C.

Third Party (to Be Convened)

Procedural Posture

Application to Convene Third Party / Interlocutory

Legal Issues

  1. 1 Whether Crill Canavan may convene David Brownbill Q.C. as a third party to the counterclaim
  2. 2 Whether service out of the jurisdiction on Mr Brownbill is permissible under the Service of Process Rules 1994, Rules 7(c) and 7(f)
  3. 3 Whether delay or prior conduct bars Crill Canavan from joining Mr Brownbill

Ratio Decidendi

Crill Canavan is authorised to convene Mr Brownbill as a third party because the claim for contribution or indemnity arises from the same facts as the main claim, service out of the jurisdiction is justified under Rules 7(c) and 7(f) of the Service of Process Rules 1994, and the risk of multiple proceedings and inconsistent findings is best avoided by having all relevant parties and issues determined in Jersey.

Court Disposition

application granted

Orders

  • Crill Canavan is authorised to convene Mr Brownbill as a third party to the proceedings.
  • Mr Brownbill is to be served personally.