Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal allows appeal from High Court, and sets aside order setting aside the renewal of a personal injury summons, in a claim by a member of the Defence Forces arising from the treatment of his high blood pressure leading to a heart attack, on the grounds that: (a) the defendants had been sufficiently aware of the likely proceedings from correspondence, even if they had not been notified of the issuing of a personal injury summons; and (b) the 'inadvertence' of the plaintiff in failing to serve the summons was offset by the fact that the defendants knew of the proceedings.
Faherty J (nem diss): Personal injuries - application to set aside renewal of personal injuries summons - order in High Court to set aside - appeal - Order 8, r.1 of the Rules of the Superior Courts - claim by member of defence forces relating to medical care - high blood pressure - heart attack in December 2013 - rendered unable to work - medical records obtained in 2017 - issue of personal injury summons in March 2017 - medical expert retained in August 2017 - notification of defendants in August 2017 - failure to serve summons - 'inadvertence' - renewal of summons - whether a 'good reason' had been identified for the renewal of the summons.
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.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now