Rule 9 Failure to comply with rules etc.I1

Scotland

(1)

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

(2)

If a party has failed to comply with a requirement in these Rules, a practice direction or an order, the Upper Tribunal may take such action as it considers just, which may include—

(a)

waiving the requirement;

(b)

requiring the failure to be remedied; or

(c)

exercising its power under rule 10 (dismissal of a party’s case).

Annotations

Commencement

I1: Sch. rule 9 in force at 1.12.2016, see reg. 1(2)

Notes on Schedule

Modifications

C1: Rules excluded (22.11.2018) by The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018 (S.S.I. 2018/274), regs. 1(2), 2
C2: Rules excluded (1.4.2023) by The Upper Tribunal for Scotland (Local Taxation Rules of Procedure) Regulations 2022 (S.S.I. 2022/365), regs. 1(2), 2
C3: Rules excluded (2.12.2024) by The Upper Tribunal for Scotland (Bus Registration Appeals Rules of Procedure) Regulations 2024 (S.S.I. 2024/249), regs. 1(2), 2