Volkes v Eastern Health and Social Services Board and Another
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1990 |
| Date | 01 January 1990 |
| Court | Queen's Bench Division (Northern Ireland) |
Writ served out of time - Appearance entered without prejudice -Leave to withdraw appearance and enter conditional appearance - Grounds for exercise of discretion - Rules of the Supreme Court (Northern Ireland), O. 6 r. 7, O. 12, rr. 7, 8, O.21, r. 1.
The plaintiff issued a writ but served it on the first defendant more than 12 months later, in breach of Order 6, rule 7 of the Rules of the Supreme Court (Northern Ireland). The first defendant's solicitor entered an appearance 'without prejudice' and sent a letter to the plaintiff's solicitor refusing to accept service because the writ had been served outside the statutory period. On the first defendant's application, the Master gave leave under Order 12, rule 1 to withdraw the appearance, gave leave to enter a conditional appearance under Order 12, rule 7 and made a declaration under Order 12, rule 8 declaring that the writ had not been duly served. The plaintiff appealed. Held, dismissing the appeal, that, 1, a defendant who wished to dispute service of a writ should either enter a conditional appearance or none at all. An appearance 'without...
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