Claimant v Clackmannanshire District Council
Outcome
Individual claims
Claim struck out under rule 37(1)(d) for failure to actively pursue the claim. Claimant failed to provide acceptable reasons by the deadline of 9 October 2024 or to request a hearing after being given the opportunity to do so on 25 September 2024.
Facts
The claimant Ms L Blyth brought a claim against Clackmannanshire District Council in 2008. The tribunal gave the claimant notice on 25 September 2024 to provide written reasons by 9 October 2024 or request a hearing to explain why the claim should not be struck out. The claimant failed to respond or provide acceptable reasons.
Decision
The tribunal struck out the claim under rule 37(1)(d) on the grounds that the claim had not been actively pursued. The claimant was given a fair opportunity to respond but failed to do so.
Practical note
A claim may be struck out for non-pursuit where the claimant fails to respond to tribunal orders or engage with the proceedings, even in a long-standing case.
Legal authorities cited
Statutes
Case details
- Case number
- 116025/2008
- Decision date
- 22 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No