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Renewal of lapsed personal injury summons set aside due to deliberate inaction by plaintiff’s solicitor
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The High Court set aside the renewal of a personal injury summons, overturning the lower court’s refusal to do so. The plaintiff’s original summons had lapsed almost four years prior and was never served, owing to a deliberate decision by the plaintiff’s former solicitor who believed the case was weak on liability and value. The court held that such a deliberate choice by the solicitor, and the plaintiff’s mistaken belief that the case was being progressed, did not amount to special circumstances justifying renewal. The defendant, having not heard anything further after declining to allow an assessment by the Injuries Board, would suffer prejudice mounting a defence so long after the events. As a result, the High Court granted the defendant’s application and set aside the renewed summons.
personal injury – renewal of summons – set aside application – Circuit Court appeal – special circumstances – solicitor"s authority – prejudice to defendant – Statute of Limitations – deliberate inaction – order for costs – RSC Order 8 rule 1(4) – appellate jurisdiction – Injuries Board – timely service of summons – High Court
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