Claimant v Inverclyde Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for failure to actively pursue. The claimant was given until 22 November 2023 to provide reasons or request a hearing but failed to respond or provide acceptable reasons. The tribunal determined the claim had not been actively pursued and struck it out.
Facts
The claimant filed a claim against Inverclyde Council in 2010. The case remained dormant for an extended period. On 8 November 2023, the tribunal gave the claimant until 22 November 2023 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond or provide acceptable reasons.
Decision
The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue. The claimant did not respond to the tribunal's unless order and provided no acceptable reason for the claim's dormancy. The tribunal concluded the claim had not been actively pursued and therefore struck it out.
Practical note
Claimants must actively pursue their claims and respond to tribunal unless orders, or risk having their claim struck out even after many years.
Legal authorities cited
Statutes
Case details
- Case number
- 100926/2010
- Decision date
- 10 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No