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 failed to respond to the tribunal's order dated 2 November 2023 requiring written reasons by 16 November 2023 or a request for a hearing as to why the claim should not be struck out.
Facts
Mrs Frame brought a claim against North Lanarkshire Council in 2015. The case remained dormant for several years. On 2 November 2023, the tribunal gave the claimant until 16 November 2023 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond to this unless order.
Decision
The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue it. The claimant did not provide an acceptable reason for the delay or request a hearing after being given the opportunity to do so.
Practical note
Claimants must respond to tribunal orders and actively pursue their claims, or risk strike out under rule 37(1)(d) even after many years.
Legal authorities cited
Statutes
Case details
- Case number
- 4112757/2015
- Decision date
- 12 February 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- North Lanarkshire Council
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No