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 21 November 2023 to provide written reasons or request a hearing to show cause why the claim should not be struck out. The claimant failed to respond or provide acceptable reasons.
Facts
Ms Peacock brought a claim against Inverclyde Council in 2009. By November 2023, the tribunal was concerned that the claim had not been actively pursued. The tribunal gave the claimant until 21 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 any acceptable reason.
Decision
The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue it. The claimant was given a clear opportunity to show cause why the claim should not be dismissed but failed to engage with the tribunal's unless order.
Practical note
Claimants must actively pursue their claims; failure to respond to tribunal unless orders will result in strike-out even for long-standing cases.
Legal authorities cited
Statutes
Case details
- Case number
- 101810/2009
- Decision date
- 10 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No