The High Court has reversed a Circuit Court decision refusing a further renewal of a summons in personal injury proceedings and ordered that it be renewed for six months from 17 April 2018.
The claim was brought by William Merriman against David Egan and the Motor Insurers Bureau of Ireland. The alleged events occurred on 7 September 2013, but the judgment says those facts remain to be established. The stated reason for seeking repeated renewals was difficulty serving a defendant despite considerable efforts.
The Circuit Court renewed the summons for six months on 29 March 2017. On 3 November 2017, it refused a further renewal because the application had not been made within the initial six-month renewal period. The High Court noted that a newly commenced personal injury action would by then be out of time.
Mr Justice Max Barrett said Supreme Court decisions required the court to weigh the prejudice to each side where applying the rules strictly would end a claim that had originally been started within time. The considerations included the plaintiff’s loss if renewal were refused and any prejudice to the defendants if it were granted.
The judge said that, if the plaintiff’s account was correct, the first defendant would have known of the cause of action when the alleged events occurred, and the second defendant would have been informed in due course. He considered that the passage of time did not appear to raise an issue about the defendants’ ability to defend the proceedings, and that it was difficult to see how further renewal would cause them injustice.
The High Court therefore reversed the Circuit Court order and directed renewal of the summons for six months from the judgment date. The ruling concerned the summons renewal only; it did not determine whether the alleged events occurred or establish liability in the personal injury claim.