Claimant v North Lanarkshire Council
Outcome
Individual claims
Claims struck out under rule 38(1)(d) for non-pursuit. Claimant's solicitors withdrew, claimant failed to respond to tribunal status enquiry, failed to update address with tribunal. Tribunal unable to communicate with claimant and assumed she no longer wished to pursue her claims.
Facts
The claimant brought two claims against North Lanarkshire Council. Her solicitors withdrew from acting. The tribunal sent a status enquiry letter and then a strike-out warning letter on 8 January 2025, but correspondence was returned as the claimant no longer resided at the address on the ET1. The claimant failed to update her address or respond to the tribunal.
Decision
The tribunal struck out both claims under rule 38(1)(d) for failure to actively pursue them. The claimant's failure to maintain contact with the tribunal, update her address, or respond to correspondence led the tribunal to assume she no longer wished to pursue her claims.
Practical note
Claimants must maintain current contact details with the tribunal and respond to correspondence, or risk having their claims struck out for non-pursuit even if previously legally represented.
Legal authorities cited
Statutes
Case details
- Case number
- 4102569/2017
- Decision date
- 18 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- North Lanarkshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No