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High Court allows application to set aside order renewing personal injuries summons, on the grounds that: (a) the test as set out in the Rules of Court required the plaintiff both to establish special circumstances justifying an extension of time in order to seek leave to renew the summons and, separately, good reasons justifying the renewal of the summons; (b) the plaintiff had failed to establish special circumstances for the extension of time to seek renewal, and therefore failed the first limb of the test; and (c) the order the subject of the application would not have been made if a full account of matters had been given to the court.
Application to set aside order of High Court renewing personal injuries summons for three months - reason given in order was that plaintiff's change of solicitors justified the extension of time to serve summons - plaintiff's former solicitors had warned that summons was due to expire and had offered to serve it or to apply for extension - further delay of more than a year following instruction of new solicitors - whether there were special circumstances justifying an extension of time in order to seek leave to renew the summons - whether there were good reasons which justified the renewal of the summons.
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