(1) If 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, any 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 on affidavit which —
(a) contains a certificate that the other party is in default;
(b) identifies the rule or order which has not been complied with; and
(c) states the nature of the breach.
(3) The court office must refer any such application immediately to a judge, master or registrar who may —
(a) grant the application;
(b) 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; or
(c) seek the views of the other party.
(4) If an appointment is fixed the court must give 7 days' notice of the date, time and place of the appointment to all parties.
(5) An “unless order” must identify the breach and require the party in default to remedy the default by a specified date.
(6) The general rule is that the respondent should be ordered to pay the assessed costs of such an application.
(7) If the defaulting party fails to comply with the terms of an “unless order” made by the court under this rule that party's statement of case shall be deemed to be struck out without further order.
(8) Rule 26.9 (general power of the court to rectify matters) shall not apply.
• Rule 11.19 deals with applications to set aside any order made on an application made without notice.