Re-establishment of rights
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Where a party has failed to observe a time-limit set by these Rules or the Court for a cause which, despite all due care having been taken by the party, was outside his control and the non-observance of this time limit has had the direct consequence of causing the party to lose a right or means of redress, the relevant panel of the Court may upon the request of that party re-establish the right or means of redress.
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The Application for Re-establishment of rights shall be lodged with the Registry within one month of the removal of the cause for non-observance of the time-limit but in any event within six months of the non-observed time-limit. Within that time-limit a fee shall be paid for a Request for Re-establishment of rights, in accordance with Part 6.
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The Application shall:
(a) state the grounds on which it is based and shall set out the facts on which it relies; and
(b) contain the evidence relied on in the form of affidavits from all persons involved in the non -observance of the time-limit and the persons involved in establishing the precautionary measures of due care taken in order to avoid such cases of non -compliance.
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The omitted act shall be performed or completed together with Application for Re -establishment within the time -limit mentioned in paragraph 2.
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There shall be no grant of Re-establishment of rights in respect of the non -observance of the time limit mentioned in paragraphs 2 and 4 of this Rule.
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The panel shall decide on the Application for Re -establishment of rights by way of order. The other parties shall be given an opportunity to be heard beforehand.
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There shall be no right to appeal from an order rejecting an Application for Re -establishment of rights or from an order granting Re-establishment of rights.