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High Court, in personal injuries proceedings, allows appeal and vacates order granting judgment in default of appearance to the plaintiff, who claims damages for personal injuries arising from a road traffic accident, on the grounds that the nature of the applicant insurer's defence (having previously been added to the proceedings as a co-defendant) is that the plaintiff fraudulently colluded with others to set up the said accident, and is such that it potentially goes to the heart of insurer's obligation to indemnify and to any order that is made at trial as between the plaintiff and defendant.
Personal injuries - appeal against order granting judgment in default of appearance - road traffic accident - insurance company's suspicions of fraud - county registrar ordered that insurance company be joined as co-defendant and title of proceedings amended - defence - staged collision - rationale for joinder of insurer - proprietary and pecuniary right and interest - insurer's locus standi - whether a stay should be ordered - de novo appeal - no prejudice established by plaintiff which might be suffered by him by court exercising its jurisdiction to vacate Circuit Court order - nature of allegation made in defence is persuasive - order vacated - motion adjourned to hearing of action.
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