Claimant v Tayside Contracts
Outcome
Individual claims
Claim struck out under rule 37(1)(d) for failure to actively pursue. Claimant failed to respond to tribunal order dated 2 December 2024 requiring written reasons or request for hearing by 16 December 2024.
Facts
The claimant Mr F MacDonald brought a claim against Tayside Contracts. The tribunal issued an order on 2 December 2024 requiring the claimant to provide written reasons by 16 December 2024 why the claim should not be struck out, or to request a hearing. The claimant failed to comply with this order.
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 provide an acceptable reason or request a hearing as required by the tribunal's order.
Practical note
Failure to respond to tribunal orders requiring reasons why a claim should not be struck out will result in the claim being dismissed for non-pursuit, even in the absence of a substantive hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 4110389/2014
- Decision date
- 9 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No