Taylor, Mervis v Lowe, Owen; O'Gilvie, Constable Paul and Attorney General of Jamaica

IN THE SUPREME COURT OF JUDICATURE

IN COMMON LAW

CL1995/T188

BETWEEN

AND

AND

AND

MERVIS TAYLOR

OWEN LOWE

CONSTABLE PAUL O'GILVIE

THE ATTORNEY GENERAL

OF JAMAICA

CLAIMANT

DEFENDANT

THIRD PARTY

THIRD PARTY

IN CHAMBERS

Mr. Christopher Dunkley and Mr. Keith Asher instructed by Cowan Dunkley Cowan

(-;

for the defendant

Miss Carlene Larmond for the third parties

April 25, May 2, and May 9,2006

APPLICATION TO STRIKE OUT THIRD PARTY NOTICE, PUBLIC AUTHORITIES

PROTECTION ACT, SECTION 3(1) OF THE LAW REFORM (TORT-FEASORS) ACT

SYKES J

1. This is an application by Constable Paul milvie and the Attorney General of Jamaica to

have the third party action against them struck out on the basis that it is statute barred. I

shall state briefly how the claim arose. The claimant in his writ summons dated September

15, 1995, and statement of claim file October 4, 1995, alleged that he was hit by a motor

vehicle driven by Mr. Owen Lowe, the defendant. 'The accident is alleged to have occurred

on June 25, 1992. In his defence filed December 5, 1995, Mr. Lowe deriied liability and

attributed the cause of the accident to Constable O'Gilvie. It is not necessary to give more

details than this. The claimant in this case did not sue the constable or the Attorney

General. At the time the action was filed, the then limitation period under the Public

Authorities Protection Act was one year. The effect of filing the suit at the time when it

was done meant that the constable and the Attorney General had the benefit of the