Claimant v West Dunbartonshire Council
Outcome
Individual claims
Claim struck out for non-pursuit under rule 38(1)(d). Correspondence to claimant returned marked 'gone away', no new address provided, and previous legal representatives withdrew without holding an alternative address.
Facts
The claimant brought a claim against West Dunbartonshire Council but subsequently ceased contact with the tribunal. Correspondence sent to the claimant's address was returned marked 'gone away'. The claimant's previous legal representatives withdrew from the case and held no alternative address for the claimant beyond that on the claim form.
Decision
The tribunal struck out the claim under rule 38(1)(d) on the grounds that it had not been actively pursued. The claimant's failure to maintain contact or provide an updated address demonstrated a lack of active pursuit.
Practical note
Claimants must maintain contact with the tribunal and provide updated contact details; failure to do so can result in strike-out for non-pursuit even where legal representatives previously acted.
Legal authorities cited
Statutes
Case details
- Case number
- 4110977/2014
- Decision date
- 27 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- West Dunbartonshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No