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The Court of Appeal dismissed an appeal from the High Court, and affirmed a decision to set aside a third-party notice in a personal injury case, finding that the appellants, a car manufacturer and distributor, failed to issue the notice to a car supplier as soon as was reasonably possible after the plaintiff discontinued the action against the supplier. The High Court also determined that the appellants' claim for contribution from the supplier was bound to fail. The appellants' argument that lockdown periods due to COVID-19 justified the delay was rejected, as no specific difficulties caused by the lockdown were demonstrated. Consequently, the appeal was dismissed, and the cross-appeal concerning the stay on the High Court order was struck out as moot.
- Court of Appeal - Third-party notice - Personal injury - Electronic parking brake failure - Civil Liability Act, 1961 - Delay in proceedings - COVID-19 lockdown impact - High Court judgment - Contribution claim - Discontinuance of action - Inherent jurisdiction - Frivolous and vexatious proceedings - Hybrid working - Judicial notice - Rules of the Superior Courts (RSC)
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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