Claimant v Glasgow City Council
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for failure to actively pursue. The claimant's executor failed to provide acceptable reasons or request a hearing by the deadline of 19 March 2025 after being given the opportunity on 26 February 2025.
Facts
Mrs H Hope brought a claim against Glasgow City Council in 2008. The claimant subsequently died and the claim was continued by her executor. The Tribunal gave the executor until 19 March 2025 to provide written reasons or request a hearing to explain why the claim should not be struck out.
Decision
The Tribunal struck out the claim under rule 38(1)(d) for failure to actively pursue it. The claimant's executor failed to respond by the deadline or request a hearing, and did not provide acceptable reasons for the delay.
Practical note
Executors continuing a deceased claimant's case must actively engage with tribunal directions and deadlines or risk strike-out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 121146/2008
- Decision date
- 16 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No