OpenLegislation

Article 7 Failure to comply with rules etc.

(1)

An irregularity resulting from a failure to comply with any requirement in these Rules, a practice direction or a direction, does not of itself render void the proceedings or any step taken in the proceedings.

(2)

If any party has failed to comply with a requirement in these Rules, a practice direction or a direction, the Tribunal may, on the application of any party or on its own initiative, take such action as it considers just, which may include—

(a)

waiving the requirement;

(b)

requiring the failure to be remedied;

(c)

exercising its power under section 25 of the 2007 Act (supplementary powers of the Tribunal); or

(d)

exercising its power under rule 8 (striking out a party's case).

(3)

A party will automatically be barred from taking further part in the proceedings or part of the proceedings if that party has failed to comply with a direction that stated that failure by that party to comply with the direction would lead to such a barring of that party.

(4)

If a party has been barred under paragraph (3), that party may apply to the Tribunal for the lifting of the bar.

(5)

An application made under paragraph (4) must be made in writing and received by the Tribunal within 14 days after the date on which the Tribunal sent notification of the bar to the parties.

(6)

If a party has been barred from taking further part in proceedings under this rule and that bar has not been lifted, the Tribunal need not consider any response or other submission made by that party, and may summarily determine any or all issues against that party.