--(1) Where a party has failed to comply with any of these Rules or any court order in respect of which no sanction for non-compliance has been imposed the other party may apply to the court for an "unless order".
--(2) Such an application may be made without notice but must be supported by evidence which-
----(a) identifies the rule or order which has not been complied with and the nature of the breach; and
----(b) contains a certificate that the other party is in default.
--(3) The court office must refer any such application immediately to a master or judge who may-
--------(i) grant the application;
--------(ii) seek the views of the other party; or
--------(iii) direct that an appointment be fixed to consider the application and that the court office give to all parties notice of the date, time and place for such appointment.
--(4) The general rule is that the respondent should be ordered to pay the assessed costs of such an application.
--(5) If the defaulting party fails to comply with the terms of any "unless order" made by the court his statement of case shall be struck out.
--(Rule 26.4 deals with judgment after failure to comply with an "unless order")
--(6) Rule 26.8 shall not apply.
--(Rule 11.15 deals with applications to set aside any order made on an application made without notice)
Notes
Amended by Legal Notice 233 of 2005.
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