Claimant v North Lanarkshire Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for failure to actively pursue. The claimant was given until 9 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
The claimant filed a claim in 2015 against North Lanarkshire Council. By January 2024, the tribunal was considering striking out the claim for failure to actively pursue it. The tribunal gave the claimant until 9 February 2024 to provide written reasons or request a hearing to explain why the claim should not be struck out.
Decision
The tribunal struck out the claim under rule 37(1)(d) on the grounds that the claim had not been actively pursued. The claimant failed to provide an acceptable reason or request a hearing by the deadline set.
Practical note
Claimants must actively pursue their claims and respond to tribunal orders, or risk strike-out for non-pursuit even in long-running cases.
Legal authorities cited
Statutes
Case details
- Case number
- 4112777/2015
- Decision date
- 28 February 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- North Lanarkshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No