Introduction
The High Court recently considered the question of timing in
bringing third-party proceedings. In related
proceedings,1 a third party to both proceedings sought
to challenge the third-party notices by which it was joined to the
proceedings. Having reviewed the authorities applicable to delay
and third-party notices, and notwithstanding that he found there
was delay in this case, Judge Murphy refused to set the notices
aside given the facts of the case and the objective of the
third-party procedure to have all matters dealt with in one set of
proceedings.
Third-party proceedings
Under Irish procedure, a plaintiff is free to include in its
claim those it wishes as defendant(s). However, depending on the
nature of the claim, the defendant(s) may think that another party
bears some responsibility and should contribute to whatever the
defendant might ultimately be ordered to pay the plaintiff. In
order to ensure that all matters are dealt with in one set