Claimant v Clackmannanshire District Council
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for non-pursuit. Claimant's solicitors withdrew, claimant failed to respond to tribunal status enquiry, correspondence returned as claimant no longer at registered address, and no steps taken to update tribunal with new address.
Facts
The claimant's solicitors withdrew from acting on her behalf. The tribunal sent a status enquiry letter seeking confirmation of the claimant's intention to pursue the claim, followed by a strike out warning letter on 25 September 2024. Both letters were returned as the claimant no longer resided at the address on the ET1, and she took no steps to update the tribunal with her new address.
Decision
The tribunal struck out the claim under rule 38(1)(d) for non-pursuit. The claimant failed to respond to correspondence and 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 maintain current contact details with the tribunal and respond to status enquiries, or risk their claim being struck out for non-pursuit even if they previously had legal representation.
Legal authorities cited
Statutes
Case details
- Case number
- 116027/2008
- Decision date
- 18 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No