Lift installation company fails in bid to set aside third party notice joining it to personal injury proceedings

Lift installation company fails in bid to set aside third party notice joining it to personal injury proceedings

In June 2013, Catherine Caffrey was allegedly injured when she was entering a lift at the offices of Bank of Ireland at Grand Canal Place, Dublin – a building which is owned by Denis O’Brien.

Ms Caffrey’s injuries, which form the basis of a personal injury claim, are alleged to have been suffered “as a result of the lift doors closing on her”. As such, in November 2013, Mr O’Brien notified Otis Limited – the company responsible for installing the lift in question, and having maintained it pursuant to an ongoing contract with Mr O’Brien.

Authorisation by the Personal Injuries Board was issued in August 2015, and the personal injuries summons was issued in January 2016. Mr O’Brien issued a defence in August 2016, but delayed bringing a motion to issue a third party notice on Otis until April 2017.

Notably, Order 16, rule 1(3) of Rules of the Superior Courts provides that: “Application for leave to issue the third-party notice shall, unless otherwise ordered by the Court, be made within twenty-eight days from the time limited for delivering the defence”.

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Source: Irish Legal News