Claimant v Midlothian Council
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for failure to actively pursue the claim. The claimant was given until 31 December 2024 to provide written reasons or request a hearing but failed to give an acceptable reason or request a hearing.
Facts
Mr Wilson brought a claim against Midlothian Council in 2014. The claim was not actively pursued. On 17 December 2024, the Tribunal gave the claimant until 31 December 2024 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond or provide any acceptable reason.
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 an opportunity to explain why the claim should not be struck out but failed to give an acceptable reason or request a hearing.
Practical note
Claimants must actively pursue their claims and respond to tribunal directions; failure to do so will result in strike-out under rule 38(1)(d).
Legal authorities cited
Statutes
Case details
- Case number
- 4118577/2014
- 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