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Defendant had to wait for expert advice before issuing third party notice
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High Court refuses to set aside a third party notice in a personal injuries action on the grounds of delay, as the second defendant had needed to consider expert engineering evidence before issuing the notice.
Application of the third party, pursuant to O. 16, r. 8(3) of Rules of the Superior Courts (“RSC”) and/or pursuant to s. 27(1)(b) of the Civil Liability Act 1961 (“the 1961 Act”) to set aside the third party notice served on it by the second defendant - proceedings arise out of an incident said to have occurred on 18 June 2013, when the plaintiff was entering a lift at the offices of which the second defendant is owner - the third named defendant had installed the lift in question and had maintained it pursuant to an ongoing lift maintenance contract between it and the second defendant - third party argues that delay by the second defendant means that they should not be joined - primary argument of the second defendant in resisting the motion is that it was not in a position to make a reasoned judgement regarding any liability of third party until a multi-party inspection had occurred on 1 November 2016 and its engineer furnished an expert report on 29 November 2016 - third party notice refused to be set aside.
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