Quirke (A Minor) v O'Shea
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1992 |
| Date | 01 January 1992 |
| Court | Supreme Court |
Next friend -Prima facie negligence to be shown - Mother and next friend - Discretion of court to join third parties - Discretion not limited to convenience of trying issues together - Fact that intended third party is next friend of plaintiff a relevant factor - Court must balance factors -Rules of the Superior Courts, 1986 (S.I. No. 15), O. 16 - Civil Liability Act, 1961 (No. 41).
The defendants applied to the High Court for liberty to join the infant plaintiff's mother and next friend as a third party in the proceedings. The 18 month old plaintiff was injured when struck by an oil tanker which had delivered oil to his home. The first defendant alleged that the plaintiff's mother had negligently ceased her supervision of the plaintiff before the oil tanker drove away. The High Court (MacKenzie J.) refused leave to join the mother as a third party. Held by the Supreme Court (Finlay C.J., Hederman and Egan JJ. concurring) in dismissing the defendants' appeal; 1, although the defendants had made out a prima facie case of negligence against the plaintiff's mother the discretion of the court to join a third party is not confined to the question as to whether the issues arising between the plaintiff and the defendant on the one hand...
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