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Delays in Joining Third Parties
The Civil Liability Act 1961 Section 27(l)(b) requires that the defendant serve third parties with notice 'as soon as is reasonably possible'. The object of this provision, is to give the third party as early an opportunity as possible to prepare and defend his position. (A & P (Ireland) Ltd v Golden Vale Products Ltd (unrep). HC, 7 December 1978).
A defendant should institute third party proceedings as soon as he has a general awareness of the nature of the claim made against him and the potential for a claim for contribution from a third party; waiting for corroborating evidence to strengthen the case may involve an unnecessary delay (115 Board of Governors of St Laurence’s Hospital v Staunton [1990] ).
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