Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016

CHAPTER 3 SANCTIONS FOR FAILURE TO COMPLY

Circumstances where a party is in default

3.1.  A party is in default if that party fails—

(a) to implement an order made by the sheriff within the period specified in the order;

(b) to appear or be represented at any hearing; or

(c) otherwise to comply with any requirement imposed on that party by these Rules.

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 12.4(1) (peremptory hearing).

(2) The sheriff may make any order to secure the expeditious disposal of the proceedings.

(3) In particular, the sheriff may—

(a) refuse the appeal, application or petition, if the party in default is the appellant, applicant or petitioner;

(b) allow the appeal, application or petition, 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, applicant or petitioner must show cause why the appeal, application or petition should be allowed.