Court of Appeal dismisses appeal from High Court, and affirms decision setting aside an order renewing a plenary summons made by the Master of the High Court, in a case involving a claim of breach of contract against a firm of solicitors arising from the purchase of land, finding that the arguments advanced by the plaintiff did not amount to good reason to renew the plenary summons.
Practice and procedure – summons served outside time period – appeal from the High Court decision setting aside an order renewing the plenary summons made by the Master of the High Court – claim of breach of contract against firm of solicitors arising from the purchase of land – summons was not actually served on the defendants during the 12-month period permitted by Ord 8, r.1 RSC – whether the ex parte order should be set aside – whether there was “good reason” within the meaning of Ord. 8, r.1 to order renewal of the summons – incomplete nature of the file – reluctance on the part of the former solicitor to act against local colleagues – risk that the plaintiff’s claim would now be statute-barred if the order is set aside – fact that the action might otherwise be statute-barred is not in itself a good reason such as might justify the court renewing the summons for the purposes of Ord. 8, r. 1. – defendants’ delay in moving to have the renewal of the summons set aside – appeal dismissed.