Claimant v Glasgow City Council
Outcome
Individual claims
Claim struck out for non-pursuit under rule 38(1)(d). Claimant's solicitors withdrew from acting, claimant's executor failed to provide new address, and tribunal unable to communicate with executor.
Facts
The claimant, who was deceased, had their claim pursued by an executor. The claimant's solicitors withdrew from acting. The tribunal wrote to the executor on 14 November 2024 seeking confirmation of intention to pursue the claim. The correspondence was returned as the executor no longer resided at the address on the ET1. The executor failed to provide an updated address to the tribunal.
Decision
The tribunal struck out the claim under rule 38(1)(d) for failure to actively pursue it. The tribunal was unable to communicate with the claimant's executor due to lack of current address and assumed the executor no longer wished to pursue the claim.
Practical note
When a claimant's solicitors withdraw and the claimant (or their executor) fails to maintain contact with the tribunal by providing an updated address, the claim will be struck out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 121893/2009
- Decision date
- 18 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No