OpenLegislation

Article 35 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 steps set out in paragraph (2) in respect of that party.

(2)

The steps referred to in paragraph (1) are to—

(a)

make a costs order against that party;

(b)

where that party is the appellant, dismiss the whole or part of the appeal;

(c)

where that party is the Commission, strike out the whole or part of the statement of case and, where appropriate, direct that the Commission be disqualified from contesting the appeal altogether.

(3)

The Tribunal must not take any of the steps set out in paragraph (2) in respect of a party unless it has given that party an opportunity to make representations against the taking of any such steps.