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Court of Appeal dismisses appeal from High Court, and affirms decision refusing to set aside Third Party Notice joining great aunt of child allegedly burned with hot oil from a deep fat fryer to personal injury proceedings, on the grounds that it could not be said that application to set aside this third party notice was served ‘as soon as is reasonably possible’.
Court of appeal – appeal against decision refusing to set aside third party notice - legal principles - personal injuries arising from an alleged accident where hot oil from a deep fat fryer came into contact with her whilst she was climbing onto a chair – defence identified third party – joined as third party – appearance entered – motion to set aside third party notice - Affidavits & exhibits - timeline of events - High Court judgment - Legal principles – legal authorities - as soon as is reasonably possible - respondent’s delay – cannot be said that application to set aside this third party notice was served ‘as soon as is reasonably possible’ - appeal dismissed
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