The High Court has refused to grant Vera Meyler judgment in default of appearance against one defendant in a County Wexford personal injuries case arising from a bungee fitness class.
Ms Meyler alleges that she fell on an uneven floor mat during a class on 5 April 2018 and suffered a complete rupture of her Achilles tendon and an ankle soft-tissue injury. The proceedings name Alexandra Blimka, trading as Bungee Fit, and Brian and Teresa Roche, trading as Kinetic Fitness. The application before the court concerned Brian Roche, described in the judgment as the second defendant.
The personal injuries summons was served in June 2021. Mr Roche did not enter an appearance, which is the formal step by which a defendant indicates an intention to defend proceedings. After a warning letter, Ms Meyler issued a motion in October 2023 seeking judgment because of that failure.
There were then prolonged difficulties serving the motion papers. In June 2024, the High Court authorised substituted service after finding that Mr Roche was evading service. The motion papers were subsequently served, and further personal service was eventually effected.
The problem was that the affidavit verifying the personal injuries summons had not been served until 18 February 2026, about three years after the default-judgment motion was issued.
Ms Justice Egan considered the interaction between the Civil Liability and Courts Act 2004 and the Rules of the Superior Courts. She held that, in a personal injuries case, the affidavit of verification must be delivered to the defendant and an affidavit proving that service must be filed in the Central Office before a motion for judgment in default of appearance is issued.
Because that had not happened here, the court declined to grant the requested judgment.
The ruling does not decide the merits of Ms Meyler’s injury allegations or prevent the underlying action from continuing. No costs order was made on the motion because the second defendant did not participate in it.