Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court refuses to set aside third party proceedings, where a defendant to a workplace accident action had joined the owner of the relevant premises, on the grounds that: (a) the court could not have regard to the process prior to the commencement of proceedings when assessing delay; and (b) the Defendant had acted appropriately in instructing engineers to assess the accident prior to issuing a third party notice.
Application to set aside third party notice - delay - Order 16, rule 8(3) of the Rules of the Superior Courts - personal injuries - workplace accident in 2017 - steel erector - construction of agricultural shed - joinder of owner of lands as third party - report obtained by defendants in 2020 - whether owner of lands had obligations under Safety, Health and Welfare at Work (Construction) Regulations 2013 - failure to appoint a project supervisor - whether notice had been served as soon as reasonably possible - whether steps should have been taken by defendant from time of PIAB application - section 27 of the Civil Liability Act 1961 - “as soon as is reasonably possible”.
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.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now