Claimant v East Dunbartonshire Council
Outcome
Individual claims
The claim was struck out under rule 38(1)(d) for failure to actively pursue the claim. The claimant failed to provide written reasons or request a hearing after being given the opportunity to do so by the tribunal.
Facts
Mr F Craven brought a claim against East Dunbartonshire Council. On 4 December 2024, the tribunal gave the claimant an opportunity to provide written reasons by 18 December 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 38(1)(d) on the grounds that it had not been actively pursued. The claimant was given a fair opportunity to explain why the claim should continue but failed to engage with the tribunal process.
Practical note
Tribunals will strike out claims for non-pursuit where claimants fail to engage with tribunal directions, even after being given explicit warnings and opportunities to respond.
Legal authorities cited
Statutes
Case details
- Case number
- 4101051/2015
- Decision date
- 15 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- East Dunbartonshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No