Claimant v Tayside Contracts
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for non-pursuit. Correspondence to the claimant was returned marked 'gone away', no new address was provided, and the claimant's previous agents had withdrawn and held no alternative address.
Facts
The claimant brought a claim in 2014 against Tayside Contracts. The claimant's previous legal representatives withdrew from acting. Correspondence sent to the claimant's address on the claim form was returned marked 'gone away' and no new address was provided. The tribunal concluded the claim was not being actively pursued.
Decision
The tribunal struck out the claim under rule 37(1)(d) on the basis that it had not been actively pursued. The claimant could not be contacted at the address provided and had not updated his contact details despite his representatives withdrawing.
Practical note
A claim will be struck out for non-pursuit where the claimant becomes uncontactable and fails to provide updated contact details, even where they were previously represented.
Legal authorities cited
Statutes
Case details
- Case number
- 4110367/2014
- Decision date
- 9 December 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No