Plaintiff permitted to reinstate personal injuries proceedings where special circumstances exist

Plaintiff’s application to re-instate proceedings - Personal Injuries Summons issued on 15 December 2016 - issued in accordance with the Rules of the Superior Courts – issue arose in April 2014 – Plaintiff’s Solicitors have a Dublin Address – pleadings from Defendants addressed to Dublin address – a Defence was delivered around November 2017 at Plaintiff’s Solicitor alternative address i.e. Donegal address - the Plaintiff’s Solicitors have an address in both Donegal and Dublin - not contended by the Plaintiff that the Defence was not received - non-compliance, by both parties - with a March 2021 Order - correspondence between March 2021 and the issuing of the motions in June 2021 was ignored by the Plaintiff - motions which issued in June 2021 (both of them) were served on the Plaintiff’s Solicitors’ in their Donegal address by registered post - Court said that it was unclear why one of these seemed to have been ignored by a member of staff in that office - Court found that it is clear - O’Brien and Others v. McMahon – found that using Covid 19 challenges in a vague way as an excuse will not be sufficient – Court found that the address on the Personal Injuries Summons was Dublin - clear in Schedule III of the Summons - not disputed that the motion subject of the application was not served at this address - no explanation given by the Defendants as to why the June motions were served at another address – Plaintiff referenced the expectation of communication by email - the pattern of behaviour in relation to other motions - the expectation that there would be communication in advance of the hearing of the motion – court had preliminary reservations as to whether these matters amount to special circumstances - Plaintiff was not in attendance at the hearing of the motion - civic society was operating in special circumstances at the times relevant to this motion and Order - Order 27 rule 15(2) – court found that there were special circumstances - motion concerned was not served on the address recited in the Personal Injuries Special Summons - the original Order of March 2021 placed obligations on both of the parties referencing an exchange of documents - Court found that neither party complied these documents in the timeframe permitted - acknowledged procedural restrictions which were in operation at the time of making of the unless Order - Court found that special circumstances exist - interests of justice justified the granting of the relief sought by the Plaintiff - there was compliance by the Plaintiff with the terms of the Rules of the Superior Court - Court was unclear as to whether there has been such compliance by the Defendants - Court granted the reliefs sought - costs of the motion to be borne by the Plaintiff.