Claimant v North Lanarkshire 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 16 February 2024 to provide written reasons or request a hearing as to why the claim should not be struck out, but failed to respond or provide an acceptable reason.
Facts
Mrs Richmond brought a claim against North Lanarkshire Council in 2015. By January 2024, the tribunal was concerned the claim had not been actively pursued. The tribunal gave the claimant until 16 February 2024 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond or provide an 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 to respond but failed to do so, providing no acceptable reason to prevent the strike-out.
Practical note
Claims that are not actively pursued for extended periods risk being struck out, and claimants must respond to tribunal directions even when unrepresented or the claim will be dismissed.
Legal authorities cited
Statutes
Case details
- Case number
- 4112830/2015
- Decision date
- 29 February 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- North Lanarkshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No