Claimant v Falkirk Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for not being actively pursued. The claimant was given an opportunity until 7 May 2024 to provide written reasons or request a hearing as to why the claim should not be struck out. The claimant failed to give an acceptable reason or request a hearing, resulting in the strike-out.
Facts
Mr J Bonar brought a claim against Falkirk Council in 2014. The claim was not actively pursued for a significant period. On 24 April 2024, the tribunal gave the claimant an opportunity until 7 May 2024 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond adequately or request a hearing.
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 why the claim should continue but failed to give an acceptable reason or request a hearing, leading to the strike-out on 24 May 2024.
Practical note
Claimants must actively pursue their claims; failure to respond to tribunal directions regarding non-pursuit will result in strike-out under rule 37(1)(d).
Legal authorities cited
Statutes
Case details
- Case number
- 4105363/2014
- Decision date
- 24 May 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Falkirk Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No