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The High Court refused an application by a plaintiff to renew a plenary summons seeking declaratory relief and damages against a health authority for alleged failures to protect the plaintiff as a child. The summons had not been served within the required 12-month period, and the court found no 'special circumstances' to justify an extension, rejecting arguments that the solicitor’s mistaken belief, the impact of related criminal proceedings, or delays in obtaining a medical report explained the delay. The court emphasised that only unusual events outside a solicitor’s control could meet the high bar required to justify renewal, and noted the delay and lack of prejudice arguments did not alter the outcome. Costs were provisionally awarded against the plaintiff.
application to renew summons – plenary summons – special circumstances – failure to serve summons – extension of time – in camera hearing – childcare proceedings – mistake by solicitor – impact of criminal trial – delay in litigation – Rules of the Superior Courts – order for costs – declaratory relief – damages – Child Care Act 1991 – High Court
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