Claimant v Midlothian Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for failure to actively pursue the claim. The claimant failed to provide acceptable reasons by the deadline of 9 October 2024 or request a hearing after being given an opportunity to do so on 25 September 2024.
Facts
The claimant filed a claim against Midlothian Council in 2014. The claim remained dormant for approximately 10 years. On 25 September 2024, the tribunal gave the claimant until 9 October 2024 to provide written reasons why the claim should not be struck out for non-pursuit, or to request a hearing. The claimant failed to respond or provide acceptable reasons within the deadline.
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 final opportunity to explain the lack of progress but failed to engage with the tribunal's unless order.
Practical note
A claim that remains inactive for many years will be struck out for non-pursuit if the claimant fails to respond to tribunal warnings or unless orders.
Legal authorities cited
Statutes
Case details
- Case number
- 4118511/2014
- Decision date
- 11 November 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Midlothian Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No