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Renewal of personal injuries summons refused due to solicitor’s mere inadvertence
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The High Court refused an application by the plaintiff to renew a personal injuries summons against a medical practitioner after the summons was not served within the required 12-month period. The judge found that the failure to serve was due to mere inadvertence by the plaintiff’s solicitor, without any exceptional or unusual circumstances that could justify renewal under the 'special circumstances' test. Despite early correspondence indicating an intention to litigate and prompt action once the error was discovered, the absence of a convincing explanation for the failure to serve meant the renewal application could not succeed. As a result, the plaintiff’s claim is now likely statute barred.
personal injuries summons – renewal application – service of proceedings – special circumstances – Rules of the Superior Courts (RSC) – order 8 rule 1(3) RSC – medical negligence – plaintiff’s solicitor inadvertence – statute barred – expired summons – application for renewal – failure to serve within 12 months – prejudice – interests of justice
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