Where a plaintiff intends to sue a party identified by description (e.g., 'the occupier') and names the wrong corporate entity as a result of an erroneous search, this constitutes a 'mistake in the name of a party' permitting substitution under Pt 17 r 4(3) notwithstanding expiry of the limitation period. A court considering an application to reinstate struck-out proceedings must have regard to an associated application to substitute the correct defendant, and cannot refuse reinstatement on the ground that the proceedings are 'bad in law' without considering whether the substitution application would cure the defect.
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