Sid Challenge Summons Solicitor Entered Appearance Method Court

1. Sid, along with his solicitor and father, an eminent senior counsel, entered an appearance in person to the circuit court office to answer the Plaintiff’s claim against him. Sid now wishes to challenge the method which was used to serve the summons as it brought him in close contact with a member of the “small folk”, from which he claims to have suffered a severe allergic reaction. Sid claims the Plaintiff knew that he would suffer such a reaction and chose this method of delivery for that very purpose. What is your advice now to Sid?

(a) Sid cannot challenge the summons at this stage of the proceedings as it is now listed for hearing. 

(b) Since Sid entered an appearance with his solicitor present he cannot challenge the summons due to the presence of his solicitor as he was deemed to have been fully legally advised of its ramifications

(c) Sid and his solicitor should have entered a conditional appearance if they wished to challenge the service of the summons and now cannot challenge the summons as they have been deemed to have accepted the court’s jurisdiction. 

(d) Sid is free to challenge the method of service once the case comes before the Court by way of a special motion and grounding affidavit.