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High Court allows appeal of Circuit Court refusal to renew a summons on the basis that the application for the further renewal was not made within the initial six-month renewal period, finding that: a) when the blackletter application of the court rules would have the effect of ending altogether the personal injuries claim to which the civil bill applies (because freshly commenced proceedings would be out of time), and the initial summons duly commenced within time, a different approach must be taken; and b) in this case it is difficult to see how any injustice results to the defendant from the further renewal of the summons.
Practice and procedure – renewal of summons – appeal of Circuit Court refusal to renew summons on the basis that the application for the further renewal was not made within the period of the initial six-month renewal period – great difficulty has been encountered in serving the defendant – Order 12, rule 1 of the Circuit Court Rules – application of the court rules would have the effect of ending altogether the personal injuries claim to which the civil bill applies (because freshly commenced proceedings would be out of time) – difficult to see how any injustice results to the defendant from the further renewal of the summons – Circuit Court order reversed – order for renewal of summons made.
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