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Renewal of personal injuries summons set aside due to inexcusable delay after solicitor misconduct
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The High Court set aside an order renewing a personal injuries summons in a case where the plaintiff claimed damages relating to a defective hip implant, finding that the plaintiff failed to establish 'special circumstances' to justify the significant delay in seeking renewal after discovering that her first solicitor never served the summons. Although the plaintiff was found to be blameless and was actively misled by her first solicitor, the court held that while the period up to the discovery of non-service could amount to special circumstances, the prolonged subsequent delay—without any application for renewal—could not be excused. As a result, the plaintiff's claim, which would otherwise be statute-barred, is unable to proceed, despite the court's reluctance at this outcome due to the plaintiff's lack of fault.
personal injuries – renewal of summons – application to set aside renewal – Rules of the Superior Courts (RSC) – special circumstances – solicitor misconduct – delay – defective product – hip replacement implant – statute of limitations – plaintiff blamelessness – notice to defendant – interests of justice – Liability for Defective Products Act 1991
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