Rule 3.2 Sanctions where a party is in defaultI1

Scotland

(1)

This rule—

(a)

applies where a party is in default;

(b)

but does not apply where a party is in default because the party has failed to comply with rule 18.4(1).

(2)

The Court may make any order to secure the expeditious disposal of the appeal.

(3)

In particular, the Court may either—

(a)

refuse the appeal, where the party in default is the appellant; or

(b)

allow the appeal, if the condition in paragraph (4) is satisfied, where either—

(i)

the party in default is the sole respondent; or

(ii)

every respondent is in default.

(4)

The condition is that the appellant must show cause why the appeal should be allowed.

Annotations