Slater and Ors -v- Turrill and NV Bate 31 Oct-2011 [2011] JRC 211 (31 October 2011)

Slater and Ors -v- Turrill and NV Bate 31 Oct-2011 [2011] JRC 211 (31 October 2011)

The application is refused because it was made too late, would jeopardize the fixed trial date, and the draft third party claim is inadequately pleaded, making it unfair to require Mr. Morgan and Turrill to respond at this stage. NV Bate had sufficient opportunity earlier to pursue the claim and any resulting prejudice is of its own making.

Citation
[2011] JRC 211
Parties
Plaintiff: Plaintiff Owners (various); First Defendant: Turrill; Second Defendant: NV Bate; Proposed Third Party: Mr. Leonard Morgan
Jurisdiction
Jersey
Judgment Date
31 October 2011
Procedural Posture
Civil / Application for Leave to Issue Third Party Proceedings
Outcome
Application refused
Legal Topics
Third Party Proceedings, Late Amendment of Pleadings, Negligence, Indemnity and Contribution
Civil Procedure Tort Professional Negligence Third Party Proceedings Late Amendment of Pleadings Negligence Indemnity and Contribution

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Parties

Plaintiff Owners (various)

Plaintiff

Turrill

First Defendant

NV Bate

Second Defendant

Mr. Leonard Morgan

Proposed Third Party

Procedural Posture

Civil / Application for Leave to Issue Third Party Proceedings

Legal Issues

  1. 1 Whether NV Bate should be granted leave to issue third party proceedings against Mr. Morgan and Turrill
  2. 2 Whether the application is too late and would prejudice the trial date
  3. 3 Whether the draft third party claim is adequately pleaded

Ratio Decidendi

The application is refused because it was made too late, would jeopardize the fixed trial date, and the draft third party claim is inadequately pleaded, making it unfair to require Mr. Morgan and Turrill to respond at this stage. NV Bate had sufficient opportunity earlier to pursue the claim and any resulting prejudice is of its own making.

Court Disposition

Application refused

Orders

  • Leave to issue third party proceedings is denied.