Claimant v Glasgow City Council
Outcome
Individual claims
Claim struck out under rule 37(1)(d) for non-pursuit. Claimant's solicitors withdrew, claimant failed to provide updated address, correspondence returned undelivered, and tribunal unable to contact claimant to ascertain intention to pursue claim.
Facts
Mrs Canavan brought an employment claim against Glasgow City Council in 2008. Her solicitors subsequently withdrew from acting. The tribunal wrote to her at her address on file in September 2024 seeking confirmation of her intention to pursue the claim. The correspondence was returned as the claimant no longer resided at that address. The claimant failed to update the tribunal with her new contact details.
Decision
The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue it. As the claimant had not provided an updated address and correspondence could not be delivered, the tribunal was unable to give formal notice under rule 37(2). The tribunal concluded the claimant no longer wished to pursue her claim.
Practical note
Claimants must maintain current contact details with the tribunal; failure to do so after solicitors withdraw may result in strike-out for non-pursuit even without formal notice.
Legal authorities cited
Statutes
Case details
- Case number
- 121143/2008
- Decision date
- 14 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No