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Article 27 Failure to comply

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a party has, without reasonable excuse, failed to comply—

(a)

with a direction given under these Rules; or

(b)

with a provision of these Rules,

the Tribunal may take any one or more of the following steps in respect of that party—

(i)

make a costs order under rule 21 against that party;

(ii)

where that party is the applicant, dismiss the whole or part of the reference (or, if there is more than one applicant, that applicant’s reference);

(iii)

where that party is the Authority, strike out the whole or part of the statement of case and, where appropriate, direct that the Authority be debarred from contesting the reference altogether.

(2)

The Tribunal shall not take any of these steps in respect of a party unless it has given that party notice giving it an opportunity to make representations against the taking of any such steps.