Claimant v North Lanarkshire Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for non-pursuit. The claimant failed to respond to the tribunal's unless order dated 26 January 2024, which required written reasons by 16 February 2024 or a request for a hearing to show cause why the claim should not be struck out. The claimant provided no acceptable reason and did not request a hearing.
Facts
The claimant filed a claim in 2015 against North Lanarkshire Council. By 2024, the claim had not been actively pursued. On 26 January 2024, the tribunal issued an unless order requiring the claimant to provide written reasons by 16 February 2024 or request a hearing to show cause why the claim should not be struck out. The claimant failed to comply with this order.
Decision
The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue the claim. The claimant failed to provide an acceptable reason why the claim should continue or to request a hearing after being given the opportunity to do so.
Practical note
Claimants must actively pursue their claims and comply with tribunal orders; failure to respond to an unless order will result in the claim being struck out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 4112819/2015
- 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