Claimant v Tayside Contracts
Outcome
Individual claims
Claim struck out for non-pursuit under rule 38(1)(d). Correspondence to claimant returned marked 'gone away', no new address provided, and claimant's previous agents withdrew without holding alternative contact details.
Facts
The claimant Mr B Heenan brought a claim against Tayside Contracts in 2014. The claimant's legal representatives withdrew from acting. Tribunal correspondence sent to the claimant's address was returned marked 'gone away' and no alternative address was provided. The tribunal concluded the claim was not being actively pursued.
Decision
The tribunal struck out the claim under rule 38(1)(d) on the grounds that it had not been actively pursued. The claimant had failed to maintain contact with the tribunal and had not provided an updated address after correspondence was returned undelivered.
Practical note
Claimants must maintain contact with the tribunal and keep their address details current, as failure to do so can result in strike-out for non-pursuit even where they previously had legal representation.
Legal authorities cited
Statutes
Case details
- Case number
- 4110372/2014
- Decision date
- 13 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No