Unconditional appearance set aside where it had been entered by mistake

By: Mark Tottenham BL

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High Court, in an action by a practising solicitor concerning the refusal to confer him with the degree of barrister-at-law: (a) grants order setting aside an unconditional appearance which had been entered where the plenary summons was served outside the 12-month period allowed for in the rules of court, on the grounds that the appearance had not been entered on the instructions of the defendant but mistakenly on the instructions of an insurer; and (b) grants order setting aside the service of the plenary summons for failure to serve within 12 months.

Claim by solicitor against the King's Inns - refusal to admit solicitor to degree of Barrister-at-Law - payment of fees - passing of examinations and assessments - eating of dinners - plenary summons issued on 4 October 2016 - application for order to set aside service - application to discharge appearance - summons served on 4 October 2017 - unconditional appearance entered on 6 November 2017 - Order 12, rule 26 - whether entry of unconditional appearance prevented defendant contending that service was bad - jurisdiction to discharge or set aside an appearance - mistake - appearance entered by solicitors instructed by insurer - defendant unaware of instructions to solicitor - prejudice - whether summons would have been renewed if application made at an earlier stage.

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