Dingles Builders (NI) LTD v Most Rev Francis Gerard Brooks, Rev Matthew O'Hare, Rev John Kearney, Rev Aiden Hamill, Rev J Cushenan,Rev F Browne,Rev James Poland, M Gillen, M Chambers, Paul Digney

JurisdictionNorthern Ireland
JudgeCarswell LCJ
Neutral Citation[2002] NICA 38
CourtCourt of Appeal (Northern Ireland)
Date06 September 2002
Neutral Citation no. [2002] NICA 38
Judgment: approved by the Court for handing down
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_____
Before: Carswell LCJ, Nicholson LJ, Campbell LJ
BETWEEN
DINGLES BUILDERS (NI) LTD
(Plaintiff) Respondent
and
(1) MOST REVEREND FRANCIS GERARD BROOKS
(2) REVEREND MATTHEW O’HARE
(3) REVEREND JOHN KEARNEY
(4) REVEREND AIDEN HAMILL
(5) REVEREND J CUSHENAN
(6) REVEREND F BROWNE
(Defendants) Respondents
(7) REVEREND JAMES POLAND
(Defendant) Appellant
(8) MICHAEL GILLEN
(9) MARTIN CHAMBERS
(10) PAUL DIGNEY
(Defendants) Respondents
_____
CARSWELL LCJ
[1] This matter came before the court by way of an interlocutory appeal
brought by leave from a decision of Girvan J given on 15 February 2002,
whereby he refused the appellant’s application for leave to serve a third party
notice upon the plaintiff’s solicitors Messrs Hewitt & Gilpin, seeking
contribution under the terms of the Civil Liability (Contribution) Act 1978. At
the conclusion of the hearing on 12 June 2002 we indicated that we proposed
Ref: CARC3727
Delivered: 06/09/2002

To continue reading

Request your trial
2 cases
  • Alexandra Esther Boyd and Department of Regional Development
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 8 Octubre 2008
    ...NIQB 44, at paragraphs [11] – [12] especially, together with that of Carswell LCJ in Dingles Builders Limited –v- Brooks and Others [2002] NICA 38 and in particular paragraph [20], which refers to the judgment at first instance: "His [i.e. the judge's] reasons were not expressed at any leng......
  • Gransha Hospital Staff Social Club v David Canning and Jospeh Monteith trading as MC Construction and JT Caruthers
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 1 Junio 2005
    ...it was unreasonable for this defendant to await the outcome of this application. In Dingle’s Builders (NI) Limited v Brooks and Others [2002] NICA 38 the Court of Appeal confirmed that the lateness of the application was a factor which could be taken into account by a judge considering an a......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT