Claimant v Glasgow City Council
Outcome
Individual claims
Claim struck out for non-pursuit under rule 38(1)(d). The claimant's solicitors withdrew, the executor failed to respond to status enquiry, and correspondence was returned as executor no longer resides at the address provided. Tribunal assumed executor no longer wished to pursue the claim.
Facts
This claim was brought by Mr F Gray as executor for the late Mrs A Gray against Glasgow City Council and Cordia (Services) LLP. The claimant's solicitors withdrew from acting. The tribunal sent a status enquiry letter and subsequently a strike out warning letter on 31 March 2025, but both were returned as the executor no longer resided at the address on the ET1. The executor failed to update the tribunal with a new address or respond to correspondence.
Decision
The tribunal struck out the claim under rule 38(1)(d) on the grounds that it had not been actively pursued. The tribunal was unable to communicate with the executor and assumed in these circumstances that the executor no longer wished to pursue the claim.
Practical note
Parties and their representatives must keep the tribunal informed of current contact details, as failure to do so may result in strike-out for non-pursuit, even in cases where the claimant has died and an executor has been appointed.
Legal authorities cited
Statutes
Case details
- Case number
- 117113/2009
- Decision date
- 31 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No