Claimant v Dundee City Council
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for failure to actively pursue the claim. Claimant failed to respond to tribunal order of 9 December 2024 requiring written reasons by 23 December 2024 or to request a hearing.
Facts
Mr Kennedy brought a claim against Dundee City Council. The claim was filed in 2014. On 9 December 2024, the tribunal ordered the claimant to provide written reasons by 23 December 2024 or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond or request a hearing.
Decision
The tribunal struck out the claim under rule 38(1)(d) for failure to actively pursue it. The claimant was given an opportunity to provide reasons or request a hearing but failed to do so, providing no acceptable reason why the claim should not be struck out.
Practical note
Claimants must respond to tribunal orders regarding case management or risk strike-out for non-pursuit under rule 38.
Legal authorities cited
Statutes
Case details
- Case number
- 4117821/2014
- Decision date
- 22 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Dundee City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No