The Claims Management Services Tribunal Rules 2007

Failure to comply

34.—(1) The Tribunal may take any one or more of the steps in paragraph (2) in respect of a party, where that party has, without reasonable excuse, failed to comply—

(a) with a direction given under these Rules; or

(b) with a provision of these Rules.

(2) The steps referred to in paragraph (1) are—

(a) where that party is the appellant, dismiss the whole or part of the appeal (or, if there is more than one appellant, that appellant’s appeal);

(b) where that party is the Regulator, strike out the whole or part of the statement of case and, where appropriate, direct that the Regulator be disqualified from contesting the appeal altogether.

(3) The Tribunal must not take any of the steps under this rule in respect of a party unless it has given that party an opportunity to make representations against the taking of any such steps.