Make Haste! High Court Sets Aside Third-party Notice By Reason Of Delay

Introduction

Order 16 of the Rules of the Superior Courts provides a procedure whereby a defendant may join a person who is not already a party to an action as a third party to the proceedings, thereby creating a lis between the defendant and the third party which can be tried in conjunction with the proceedings between the plaintiff and the defendant.

Section 27 of the Civil Liability Act 1961 (as amended), includes a provision that a concurrent wrongdoer who wishes to make a claim for contribution from a person not already party to the action shall serve a third party notice upon such person as soon as is reasonably possible and, having served such notice, shall not be entitled to claim contribution except under the third party procedure.