888. When application to the Court may be made

(1) An application to the Court for restoration of a company to the register may be made at any time for the purpose of bringing proceedings against the company for damages for personal injury.
(2) No order shall be made on such an application if it appears to the Court that the proceedings would fail by virtue of any law or regulation applicable to the Abu Dhabi Global Market as to the time within which proceedings must be brought.
(3) In making that decision the Court must have regard to its power under section 890(3) (power to give consequential directions etc.) to direct that the period between the dissolution (or striking off) of the company and the making of the order is not to count for the purposes of any such law or regulation applicable to the Abu Dhabi Global Market.
(4) In any other case an application to the Court for restoration of a company to the register may not be made after the end of the period of six years from the date of the dissolution of the company, subject as follows.
(5) In a case where–
(a) the company has been struck off the register under section 864 or 865 (power of Registrar to strike off defunct company),
(b) an application to the Registrar has been made under section 882 (application for administrative restoration to the register) within the time allowed for making such an application, and
(c) the Registrar has refused the application,


an application to the Court under this section may be made within one month of notice of the Registrar’s decision being issued by the Registrar, even if the period of six years mentioned in subsection (4) above has expired.

(6) For the purposes of this section–
(a) “personal injury” includes any disease and any impairment of a person’s physical or mental condition, and
(b) references to damages for personal injury include–
(i) any sum in respect of funeral expenses claimed for the benefit of the estate of a person injured, where the death of such person has been caused by an act or omission which gives rise to a cause of action arising on such person’s death, and
(ii) damages arising where death of a person is caused by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, notwithstanding the death of the person injured.