Claimant v North Lanarkshire Council
Outcome
Individual claims
Claim struck out for non-pursuit under rule 38(1)(d). Claimant's solicitors withdrew, claimant failed to respond to tribunal status enquiry, correspondence returned as claimant no longer at registered address, and claimant failed to update tribunal with new contact details.
Facts
The claimant brought proceedings against North Lanarkshire Council in 2017. Her solicitors withdrew from acting. The tribunal sent a status enquiry which went unanswered, then a strike out warning letter on 5 March 2025. This correspondence was returned as the claimant no longer lived at the registered address. The claimant failed to inform the tribunal of any new address.
Decision
The tribunal struck out the claim under rule 38(1)(d) for non-pursuit. The claimant had not actively pursued the claim, failed to respond to correspondence, and failed to keep the tribunal informed of her current address, making it impossible for the tribunal to communicate with her.
Practical note
Claimants have a continuing duty to keep the tribunal informed of their current contact details; failure to do so when solicitors withdraw and correspondence is returned can result in strike out for non-pursuit even without a hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 4102605/2017
- Decision date
- 28 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- North Lanarkshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No