Actions dismissed by preliminary dismissal order under the former District Court Rules 1973 that were not the subject of a pending application to set aside before 15 August 2005 cannot be reinstated under clause 10(a) of Schedule 6 of the Civil Procedure Act 2005. The word 'begun' in a transitional provision means something that can be continued and completed, not something already completed. Neither Part 36 rule 16(3) of the UCPR nor the inherent jurisdiction provides an alternative source of power to set aside such orders.
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