High Court accedes to application by Zurich Insurance plc to be joined as a co-defendant in a personal injuries action arising from a car accident, in circumstances where it refused to indemnify the car owner, on the grounds that Zurich satisfied the exceptional circumstances test as its proprietary and/or pecuniary rights are directly affected by the proceedings.
Application to join a third party – appeal from the Circuit Court - personal injuries action - car accident - public highway - plaintiffs were passengers in a car which was then driven by the first named defendant and owned by the second named defendant – alleged that the car veered out of control and collided with a sign post as a consequence of which the plaintiffs sustained personal injuries loss and damage - second named defendant held a policy of insurance with Zurich Insurance plc - following investigations Zurich decided to not to indemnity the defendants - condition of the insurance policy to the effect that Zurich would not be liable in respect of any claim arising when the car was being used or driven “to the knowledge of the insured in an unsafe and unroadworthy condition - , following an inspection of the car, it was noted that the tyre thread depth of two of the tyres was below the legal limit and that the condition of the tyres contributed to the accident - second named defendant had confirmed that he was aware of the condition of the tyres in advance of the accident but had not made any arrangements to replace the tyres – second named defendant convicted due to the state of the tyres – s. 76 of the Road Traffic Act 1961 - Zurich proposed that they be joined in the proceedings as a co-defendant - plaintiffs declined to agree to Zurich being joined as a co-defendant in each of the above proceedings – County Registrar joined Zurich as notice party – upheld by Circuit Court – appealed to the High Court - circumstances under which a court may add a defendant to proceedings despite objections from the plaintiff - “extraordinary circumstances” - Zurich has a “proprietary or pecuniary interest” in the outcome of the proceedings - inevitable that, following the conclusion of the plaintiff’s action against the defendants, there would be further proceedings under s. 76 - more efficient use of court time - Zurich have satisfied the exceptional circumstances test and ought to be joined as a co-defendant in the proceedings - no good reason why Zurich should not be afforded an opportunity to make whatever arguments it may wish to make – no prejudice to the plaintiff – Court accedes to application to join Zurich as a co-defendant.