O'Neill v Rowan (t/a PLM Promotions)

[1] This application by the defendant is for an order under Order 12 Rule 8 declaring that the Writ has not been duly served and setting it aside or, alternatively, dismissing the action for want of prosecution. The plaintiff has not issued any summons to extend the validity of the writ. However both parties wish me to exercise my discretion under Order 2 Rule 1 to overlook irregularities. Counsel for the plaintiff frankly submitted, "There are mistakes everywhere" and counsel for the defendant, equally frankly, conceded that it was "hard to argue against that".

[3] On 10 October 2008 the plaintiff sent a letter of claim addressed to Planet Love Promotions, PO Box 388, BT28 9BS. In the usual way it set out the fact that the plaintiff had been injured, asked the defendant to accept liability and make proposals for his compensation. It suggested that a copy of the letter be passed to the defendant's insurers. There was then subsequent correspondence between the defendant's insurers and the plaintiff's solicitor dealing with matters such as the plaintiff's national insurance details, availability of A&E records, and an accident report.

[4] However on 27 May 2009 the plaintiff's solicitor received a letter from the defendant's solicitor in the following terms :

We refer to the above matter. Please note that we are now instructed to represent the Defendants in this case. Could you please address all future correspondence to us."

[5] During the remainder of 2009, all of 2010 and most of 2011 there was correspondence which passed between the two firms of solicitors on such subjects as medical evidence, the Entertainments Licence, Health and Safety policy and the plaintiff's employment details.