Failure to give discovery or allow inspection
16.08 Failure to give discovery or allow inspection
(1) Where a party fails to give discovery or to allow inspection of documents in accordance with this Part, the Court may:
order the party to give discovery or allow inspection;
(b) if the party is a plaintiff or other party claiming relief – strike out the claim; or
(c) if the party is a defendant or other party against whom relief is claimed – make an order permitting the party claiming the relief to proceed as if a notice of defence had not been filed.
(2) Where a party applies for an order under subrule (1) and the other party claims that the document is privileged from production or objects to production on another ground, the Court may inspect the document to decide the validity of the claim or objection.
(3) An application for an order under this rule is to be filed and served not later than 28 days before the date fixed for the hearing of the proceedings.
Part 17 Interrogatories
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