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No special circumstances to justify renewal of personal injury summons

By: James Cross BL

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High Court, in medical negligence proceedings, grants application to set aside order renewing the personal injury summons, on the grounds that the Plaintiff failed to established special circumstances which would justify the extension of time which was granted, and failed to provide any adequate explanation for the delay in bringing application to renew the summons.

Application to set aside renewal of Personal Injuries Summons – medical negligence – surgery to left foot - developed chronic regional pain syndrome in her foot – summons not served – application to renew summons granted - defendants seeking to have the renewal of the personal injury summons set aside on the basis that the plaintiff had failed to establish that there were special circumstances which would justify the court in granting an extension of time within which to serve the summon – delays in getting medical reports recorded in the order - not in fact the reason that had been put forward by the plaintiff when making the ex parte application to renew the summons – medical report to hand three months after summons issued - confusion in the correspondence as to the correct title for the entity to be named as St. Michael’s Hospital - relevant chronology – prejudice – informed consent - whether it was reasonable for the plaintiff’s solicitor not to serve the summons in light of the response that he had received from the solicitors nominated to represent the first defendant – correspondence - absence of any memorandum - Court is not satisfied that the plaintiff has established special circumstances which would justify the extension of time which was granted – no adequate explanation for the delay in failing to seek the renewal of the summons -

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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