i-law

Litigation Letter

Reinstatement

Gaydamak v UBS Bahamas Ltd [2006] UKPC 8; NLJ 10 March

A litigant whose case was struck out because, through no fault of his own, he failed to appear at the hearing, is prima facie entitled to have his case reinstated, regardless of the merits, provided that there has been no undue delay and there is no likelihood of prejudice to any other parties. It is for any party opposing reinstatement to show that the applicant’s case has no chance of success.

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