Baulk v Irish National Insurance Company Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1971
• Date: 01 January 1971
• Docket Number: [1964. No. 1091 P]
• Court: Supreme Court

(S.C.)

Baulk

and

Irish National Insurance Co. Ltd

Summons - Renewal -Failure to serve summons while it was in force-Whether summons a nullity - Subsequent application for leave to renew summons made after cause of action statute-barred - Extension of period allowed for making application - Rules of the Superior Courts, 1962 (S.I. No. 72 of 1962), Or. 8, r. 1 and Or. 108, r. 7.

On the 9th August, 1962, the plaintiff suffered personal injuries when a motor car, in which he was travelling as a passenger, was involved in an accident. The driver of the car died soon afterwards. The defendants were the insurers who were on risk. The plaintiff applied, on notice to the defendants to the High Court and obtained leave to institute proceedings against the defendants claiming damages for the alleged negligence of the driver of the car. On the 6th June, 1964, the plaintiff issued a plenary summons claiming such damages but he made no attempt to serve the summons on the defendants within the 12 months following the date of its issue nor did he apply, within that period, to the High Court for leave to renew the summons as required by rules of court. However, the plaintiff did apply for such leave in October, 1966, at which time his claim, if made by a fresh summons, would have been statute-barred. Order 8, r. 1, of the rules of court states that no summons shall be in force for more than 12 months from the day of its date but that, if the defendant named therin has not been served, the plaintiff may apply to the court within the 12 months for leave to renew the summons, and that the court may grant such leave if it is satisfied that reasonable efforts have been made to serve the defendant or "for other good reason". The High Court dismissed the application for leave to renew the summons. On appeal by the plaintiff it was held by the...