Order renewing personal injury summons set aside due to delay and solicitor inaction

The High Court set aside an order that had previously renewed a personal injury summons, finding that the plaintiff's failure to serve the proceedings within the prescribed time was due to inadvertence or ignorance on the part of the former solicitor, which did not amount to special circumstances. The court also held that a prolonged and unjustified delay in transferring the litigation file to the plaintiff's new solicitor—caused by the former solicitor’s lack of action—could not be relied upon to justify the renewal, even though the plaintiff and current solicitor were not personally at fault. The court emphasised that prejudice would arise for the defendants if the claim were permitted to proceed so many years after the incident, particularly due to fading memories and loss of access to the equipment involved. The High Court concluded that, although the plaintiff may have alternative redress against the former solicitor, the circumstances did not justify the renewal of the summons in the interests of justice.