Claimant v Cordia Services LLP
Outcome
Individual claims
Claim struck out for non-pursuit under rule 38(1)(d). Claimant's solicitors withdrew from acting, claimant failed to respond to status enquiry, failed to provide updated address, and correspondence was returned undelivered. Tribunal unable to communicate with claimant and assumed she no longer wished to pursue the claim.
Facts
Ms McCaffrey brought a claim against Cordia Services LLP and Glasgow City Council in 2018. Her solicitors subsequently withdrew from acting. The tribunal sent a status enquiry letter which went unanswered. A strike out warning letter was then sent on 19 February 2025 but was returned undelivered as the claimant no longer resided at the address on her ET1. The claimant failed to update the tribunal with her new address.
Decision
The tribunal struck out the claim under rule 38(1)(d) for failure to actively pursue. The claimant had not responded to correspondence, her solicitors had withdrawn, and she failed to provide an updated address making it impossible for the tribunal to communicate with her. The tribunal assumed she no longer wished to pursue her claim.
Practical note
Claimants must keep the tribunal informed of their current contact details and actively respond to status enquiries, or risk having their claim struck out for non-pursuit, particularly after legal representation is withdrawn.
Legal authorities cited
Statutes
Case details
- Case number
- 4111604/2018
- Decision date
- 28 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No