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Paragraph 55 Recall for want of intimation

Original text. Later amendments are not shown.

Where an application has not been intimated to a person who might properly have been called as respondent the court may recall any order (including a final decision) or any part of an order and appoint the case to proceed appropriately if it is satisfied that—

(a)

it would have been appropriate for the person to have received intimation;

(b)

the failure to intimate was not attributable to fault on the part of the person (or on the part of any agent of the person);

(c)

there has been no delay on the part of the person (or on the part of any agent of the person) in bringing the matter to the attention of the court; and

(d)

it is appropriate for it to do so having regard to all the circumstances (including the nature and consequences of any actings which there have been in reliance on the order or as the case may be on the part of the order).