33.—(1) Where a party has, without reasonable excuse, failed to comply—
(a)with a direction given under these Rules; or
(b)with a provision of these Rules,
the Tribunal may take any one or more of the following steps in respect of that party—
(i)make a costs order under rule 26 against that party;
(ii)where that party is the applicant, dismiss the whole or part of the reference (or, if there is more than one applicant, that applicant’s reference);
(iii)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 debarred from contesting the reference altogether.
(2) The Tribunal shall not take any of these steps in respect of a party unless it has given that party an opportunity to make representations against the taking of any such steps.