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Article 33 Failure to comply with these Rules

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

(1)

Where a party has failed—

(a)

to comply with a direction given under these Rules; or

(b)

to comply with a provision of these Rules;

and the appellate authority is satisfied in all the circumstances, including the extent of the failure and any reasons for it, that it is necessary to have regard to the overriding objective in rule 30(2), the appellate authority may dispose of the appeal in accordance with paragraph (2).

(2)

The appellate authority may—

(a)

in the case of a failure by the appellant, dismiss the appeal or, in the case of a failure by the respondent, allow the appeal, without considering its merits;

(b)

determine the appeal without a hearing in accordance with rule 43; or

(c)

in the case of a failure by a party to send any document, evidence or statement of any witness, prohibit that party from relying on that document, evidence or statement at the hearing.