Third party notice set aside where it was not served as soon as reasonably possible

Third party seek order setting aside third party notice on grounds of failure to comply with Rules of the Superior Courts – third party notice should be made within 28 days of time limited for service of defence under Rules of Superior Court – or as soon as reasonably possible under Civil Liability Act 1961 – proceedings issue 13 November 2017 - delays in proceedings and service - defence not delivered until 16 June 2018 – third party notice not issued until 29 November 2018 – prejudice irrelevant – look to necessity and whether or not delay in serving notice can be justified – possible to have served notice sooner – did not issue as soon as reasonably possible or within 28 days – accident not of sufficient complexity to justify delay – affidavit of defendants shows they enquired in respect of the third parties alleged liability prior to serving defence – order set aside.