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PART 2GENERAL PROVISIONS

CHAPTER 3SANCTIONS FOR FAILURE TO COMPLY

Sanctions where a party is in default

3.2.—(1) This rule—

(a)applies where a party is in default; but

(b)does not apply where a party is in default because the party has failed to comply with rule 17.4(1) (peremptory hearing).

(2) The procedural Appeal Sheriff may make any order to secure the expeditious disposal of the appeal.

(3) In particular, the procedural Appeal Sheriff may—

(a)refuse the appeal, where the party in default is the appellant;

(b)allow the appeal, if the condition in paragraph (4) is satisfied, where—

(i)the party in default is the sole respondent; or

(ii)every respondent is in default.

(4) The condition is that the appellant must show cause why the appeal should be allowed.