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 but failed to provide an acceptable reason or request a hearing.
Facts
Mrs Donnachie brought a claim against Inverclyde Council in 2010. The claim was not actively pursued. On 7 November 2023, 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 appropriately.
Decision
The Tribunal struck out the claim under rule 37(1)(d) on grounds of non-pursuit. The claimant was given a clear deadline and opportunity to respond but failed to provide an acceptable reason or request a hearing, leading to the strike-out.
Practical note
Claimants must actively pursue their claims and respond to tribunal unless orders, or face strike-out even in long-standing cases.
Legal authorities cited
Statutes
Case details
- Case number
- 100726/2010
- Decision date
- 10 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No