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, correspondence returned undelivered as claimant moved address without informing tribunal, and claimant failed to take any steps to progress the claim.
Facts
Claimant brought proceedings against two respondents. Her solicitors withdrew from acting. The tribunal sent a status enquiry letter which she failed to answer. A strike out warning letter was then sent but was returned as the claimant had moved address without informing the tribunal. The claimant took no steps to update her address or communicate with the tribunal.
Decision
The tribunal struck out the claim under rule 38(1)(d) for non-pursuit. The claimant's failure to respond to correspondence, her failure to notify the tribunal of her change of address, and the impossibility of the tribunal communicating with her led to the assumption that she no longer wished to pursue the claim.
Practical note
Claimants must maintain active communication with the tribunal and keep their address details up to date, or risk having their claims struck out for non-pursuit even without a hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 4111189/2018
- Decision date
- 27 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No