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ARTICLE · 24 MAY 2021

Don't Delay - Third Party Joinders & Set Aside Motions

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Order 16 of the Superior Courts Rules requires a party wishing to serve a Third-Party Notice to obtain leave from the High Court. Section 27(1)(b) of the Civil Liability Act 1961

IrelandLitigation, Mediation & Arbitration
Donal Twomey
Donal Twomey
Michael O’Donovan
Michael O’Donovan
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A. INTRODUCTION

Order 16 of the Superior Courts Rules requires a party wishing to serve a Third-Party Notice to obtain leave from the High Court.  Section 27(1)(b) of the Civil Liability Act 1961 stipulates that when seeking leave to serve a Third-Party Notice, a party 'must do so as soon as is reasonably possible'. Uncertainty often arises in relation to the interpretation of the phrase 'as soon as is reasonably possible'.

A recent Court of Appeal decision of Judge Barrett in Andre O'Connor v Coras Pipeline Services Limited1 helpfully restated and summarised some of the key guiding principles in relation to both the joinder of Third Parties, and subsequent applications to set aside the joinder of Third Parties on the grounds of delay.

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