Application to set aside renewal of personal injuries summons refused where delay was insignificant

By: Kate Kelly BL

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High Court refuses defendant's application to set aside renewal of a personal injuries summons, on the grounds that: (1) the delay period was very short, only amounting to 10 days; (2) the difficulties suffered by the plaintiff's solicitor, such as unforeseeable staff absences, amount to special circumstances in light of the short period to justify the renewal; (3) the defendant was on clear notice of the claim due to PIAB authorisation; and (4) on the balance of justice, a period of 10 days does not prejudice the defendant in its defence, while the plaintiff may suffer 'enormous hardship' if the claim is statue barred.

Practice and Procedure - renewal of personal injuries summons - order 8 rule 2 of the rules of the superior courts - personal injuries - special circumstances for renewal of personal injuries claim - application refused.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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