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High Court refuses to set aside order to renew a plenary summons in an action against a solicitor for alleged negligence in the conduct of litigation, on the grounds that: (a) the plaintiff had been entitled to await a supportive expert report prior to serving the summons; (b) the expert report had been sought in a reasonably timely manner; and (c) the defendant solicitors had been on reasonable notice of the intention to issue proceedings.
Application to set aside order renewing plenary summons - professional negligence action - summons issued in November 2014 - renewal of summons in November 2015 - claim against solicitor who acted in action relating to leak of petrol - dissatisfaction with conduct of action by solicitor - report sought from independent solicitor in 2014 - further information sought but not furnished until 2015 - draft opinion furnished in 2016 - renewed summons served in April 2016 - whether good reason to renew summons - justification of failure to serve summons - primary reason being lack of supporting expert report - whether party had sought the expert report in a reasonably timely manner - whether sufficient warning of intention to sue.
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