Claimant v Glasgow City Council
Outcome
Individual claims
Claim struck out under rule 37(1)(d) for failure to actively pursue. Claimant's solicitors withdrew, claimant failed to provide updated address, and tribunal unable to communicate with claimant who was presumed to have abandoned the claim.
Facts
The claimant brought a claim against Glasgow City Council. Her solicitors withdrew from acting. The tribunal wrote to her at her last known address on 24 July 2024 to confirm her intentions, but the correspondence was returned as she no longer resided at that address. The claimant failed to update the tribunal with her new address and the tribunal was unable to communicate with her.
Decision
The tribunal struck out the claim under rule 37(1)(d) on the grounds that it had not been actively pursued. The claimant's failure to maintain contact with the tribunal by updating her address led the tribunal to assume she no longer wished to pursue her claim.
Practical note
Claimants must maintain contact with the tribunal and update their address details, or risk having their claim struck out for non-pursuit, particularly after their legal representation has withdrawn.
Legal authorities cited
Statutes
Case details
- Case number
- 121262/2008
- Decision date
- 6 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Glasgow City Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No