Claimant v Glasgow City Council
Outcome
Individual claims
Claim struck out under rule 37(1)(d) for non-pursuit. The claimant was given until 29 August 2024 to provide written reasons or request a hearing to explain why the claim should not be struck out but failed to respond or provide an acceptable reason.
Facts
Ms L Duncan brought a claim against Glasgow City Council and Cordia (Services) LLP in 2009. By August 2024, the Tribunal was considering striking out the claim for non-pursuit. The claimant was given until 29 August 2024 to provide reasons why the claim should not be struck out or to request a hearing but failed to respond or provide an acceptable reason.
Decision
The Tribunal struck out the claim under rule 37(1)(d) on the grounds that it had not been actively pursued. The claimant failed to engage with the Tribunal's order to show cause why the claim should continue, providing no response or acceptable reason for the lack of pursuit.
Practical note
A claimant who fails to actively pursue their claim and does not respond to a tribunal's unless order faces strike out, even where the claim was originally filed many years earlier.
Legal authorities cited
Statutes
Case details
- Case number
- 111113/2009
- Decision date
- 10 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No