14EUnexercised rights to commence court proceedings

#### 14E Unexercised rights to commence court proceedings 14E Unexercised rights to commence court proceedings > > (1) This clause applies in relation to an unexercised right to commence proceedings before a court— > > > > > (a) as an appeal against, or for the judicial or other review of, a decision of an original decision-maker in pre-establishment proceedings, or > > > > > (b) on a claim for work injury damages, or > > > > > (c) on a claim for damages in respect of a motor accident to which the motor accidents legislation applies. > > > (2) A person who has the existing unexercised right to commence proceedings may commence the proceedings to which that right relates in— > > > > > (a) for an appeal—the court to which the appeal could have been made immediately before the establishment day, or > > > > > (b) for an application for judicial or other review—the court to which the application for the review could have been made immediately before the establishment day, or > > > > > (c) for a claim for damages—a court in which proceedings for the claim could have been commenced immediately before the establishment day. > > > (3) The following provisions apply to the commencement of proceedings under this clause— > > > > > (a) the court has and may exercise all the functions that the court would have had in relation to the proceedings if they had been commenced before the establishment day, including any functions relating to the granting of leave or other permission to commence proceedings, > > > > > (b) the provisions of any Act, statutory rule or other law, including provisions concerning the time within which to commence the proceedings, that would have applied to or in respect of the determination of the appeal, application or claim had this Act not been enacted continue to apply. > > > (4) Without limiting subclause (3), if the original powers of a court would have included the power to remit the proceedings to be heard and decided again by the original decision-maker, the court may in determining proceedings under this clause— > > > > > (a) remit the proceedings instead to the new decision-maker, and > > > > > (b) make any other orders it considers appropriate to facilitate the remitting of the proceedings to the new decision-maker.