Regulation 36 Failure to comply with directionsI1

England and Wales

(1)

If a party has not complied with a direction given under these Regulations within the time specified in the direction the President or the tribunal panel may—

(a)

where the party in default is the appellant or the claimant, dismiss the appeal or the claim without a hearing;

(b)

where the party in default is the local authority or the responsible body, determine the appeal or the claim without a hearing;

(c)

hold a hearing—

(i)

without notifying the party in default, at which the party in default is not present or represented; or

(ii)

where the parties have been notified of the hearing in accordance with regulation 41(1), and direct that neither the party in default nor any person that intends to represent that party or give evidence on that party’s behalf is entitled to attend the hearing.

(2)

In this regulation “the party in default” (“y parti diffygiol”) means the party which has failed to comply with the direction.

Annotations

Commencement

I1: Reg. 36 in force at 6.3.2012, see reg. 1(1)