PART 2GENERAL PROVISIONS
CHAPTER 3SANCTIONS FOR FAILURE TO COMPLY
Circumstances where a party is in default3.1.
A party is in default if that party fails—
(a)
to comply with the timetable;
(b)
to implement an order of the Court within the period specified in the order;
(c)
to appear or be represented at any hearing; or
(d)
otherwise to comply with any requirement imposed on that party by these Rules.
Sanctions where a party is in default3.2.
(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.