Claimant v Midlothian Council
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for failure to actively pursue. Claimant failed to respond to tribunal order dated 17 December 2024 requiring written reasons by 31 December 2024 or request for hearing to show why claim should not be struck out.
Facts
Mr Borthwick brought a claim against Midlothian Council in 2014. The tribunal gave the claimant an opportunity on 17 December 2024 to provide written reasons by 31 December 2024 or to 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 the claim had not been actively pursued. The claimant failed to comply with the tribunal's order to explain why the claim should continue or to request a hearing.
Practical note
Claimants must actively engage with tribunal processes and respond to orders, or risk having their claims struck out for non-pursuit even after significant passage of time.
Legal authorities cited
Statutes
Case details
- Case number
- 4118450/2014
- Decision date
- 14 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Midlothian Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No