Claimant v Midlothian Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for non-pursuit after the claimant failed to provide written reasons by the deadline of 3 October 2024 or request a hearing to show cause why the claim should not be struck out, following the tribunal's opportunity to do so given on 19 September 2024.
Facts
The claimant brought a claim against Midlothian Council in 2014. On 19 September 2024, the tribunal gave the claimant an opportunity to provide written reasons by 3 October 2024 or request a hearing to explain why the claim should not be struck out. The claimant failed to respond or provide any 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 was given a clear opportunity and deadline to respond but failed to do so.
Practical note
Claimants must actively pursue their claims and respond to tribunal orders; failure to engage with the process will result in strike-out for non-pursuit even in long-standing cases.
Legal authorities cited
Statutes
Case details
- Case number
- 4118449/2014
- Decision date
- 21 November 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Midlothian Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No