Gilmore v Windle

JurisdictionIreland
Judgment Date29 July 1967
Date29 July 1967
Docket Number[1962. No. 1395 P.]
CourtSupreme Court
(S.C.)
Gilmore
and
Windle

Defendant motorist claiming indemnity or contribution from seller of car for alleged breach of warranty - Application to issue and serve third-party notice - Whether application should be granted - Rules of the Superior Courts'1962, O. 16. rr. 1, 7, 8, 9 - Civil Liability Act, 1961, s. 27 - Civil Liability (Amendment) Act, 1964, s. 3.

The plaintiff was struck by the defendant's motor car and injured. The plaintiff claimed damages from the defendant in the High Court and alleged that his injuries had been caused by the negligent driving of the defendant. The defendant claimed...

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43 cases
  • Basinview Management Ltd and Others v Borg Developments and Others
    • Ireland
    • High Court
    • 12 June 2012
    ...RSC O.16 r2 KSK ENTERPRISES LTD v BORD PLEANALA & ORS 1994 2 IR 128 1994 2 ILRM 1 1994/4/1176 RSC O.16 r2(2) RSC O.16 r4 GILMORE v WINDLE 1967 IR 323 BOARD OF GOVERNORS OF ST LAURENCES HOSPITAL v STAUNTON 1990 2 IR 31 1989 ILRM 877 1989/6/1838 MOLLOY v DUBLIN CORP & ORS 2001 4 IR 52 200......
  • Robins v Coleman
    • Ireland
    • High Court
    • 6 November 2009
    ...ACT 1961 S27(1)(B) CONNOLLY v CASEY & MURPHY T/A CASEY & MURPHY SOLICITORS 2000 1 IR 345 2000 2 ILRM 226 2000/3/1120 GILMORE v WINDLE 1967 IR 323 BOARD OF GOVERNORS OF ST LAURENCES HOSPITAL v STAUNTON 1990 2 IR 31 MCELWAINE v HUGHES UNREP BARRON 30.4.1997 1998/25/9740 DILLON v MACGABHANN ......
  • Blanchfield v Harnett
    • Ireland
    • High Court
    • 30 June 2000
    ...were litigated in other Courts a practice wholly condemned by the Supreme Court in the case ofThe People (Attorney General) -v- McGlynn [1967] IR 323 where at page 239 the following was said by O'Dalaigh C.J.: "The nature of a criminal trial by jury is that once is starts, it continues righ......
  • Kenny v Howard
    • Ireland
    • Court of Appeal (Ireland)
    • 29 July 2016
    ...she then was) said: 'The clear purpose of the subsection is to ensure that a multiplicity of actions is avoided; see Gilmore v. Windle [1967] I.R. 323. It is appropriate that third-party proceedings are dealt with as part of the main action. A multiplicity of actions is detrimental to the ......
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