Claimant v Glasgow City Council
Outcome
Individual claims
Claim struck out under rule 37(1)(d) for non-pursuit. The claimant's solicitors withdrew, correspondence to the claimant's executor was returned undelivered, and no steps were taken to update the Tribunal with a new address. The Tribunal concluded the executor no longer wished to pursue the claim.
Facts
The claimant, Ms L Gow, had brought proceedings against Glasgow City Council. The case reference indicates the claimant is deceased ('the late Ms L Gow') and her executor was pursuing the claim. The claimant's solicitors withdrew from acting. The Tribunal wrote to the executor at the address on the ET1 on 15 November 2024 seeking confirmation of intentions regarding the claim, but the correspondence was returned undelivered. The executor did not provide an updated address.
Decision
The Tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue it. Unable to contact the executor and having received no communication updating contact details, the Tribunal assumed the executor no longer wished to pursue the claim. The claim was struck out on 9 January 2025.
Practical note
Claims will be struck out for non-pursuit where the claimant or their representative fails to maintain contact with the Tribunal, particularly after solicitors withdraw and correspondence is returned undelivered.
Legal authorities cited
Statutes
Case details
- Case number
- 4106018/2017
- Decision date
- 9 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No