McCooey v Minister for Finance

• Jurisdiction: Ireland
• Judgment Date: 16 December 1971
• Date: 16 December 1971
• Docket Number: [1968. No. 1671 P.]
• Court: Supreme Court

(S.C.)

McCooey

and

Minister for Finance

Failure to serve summons while it was in force - 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), Or. 8, r. 1 and Or.108, r. 7.

On the 13th July, 1965, the plaintiff suffered personal injuries when a motor car, driven by the second defendant, in which the plaintiff was travelling as a passenger collided with a motor car owned by the first defendant. At an early date the plaintiff informed the first defendant and the insurers of the second defendant of the accident and of the plaintiff's claim. On the 4th July, 1968, the plaintiff issued a plenary summons in which he claimed damages from the defendants for their alleged negligence at the time of the collision. The plaintiff 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, 1970, at which time his claim, if made by a fresh summons, would have been statute-barred. Order 8, r. 1, of the Rules of the Superior Courts 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 therein 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...