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 an opportunity on 9 November 2023 to provide written reasons by 23 November 2023 or request a hearing, but failed to respond or give acceptable reasons why the claim should not be struck out.
Facts
A claim was filed by Ms Gemmell against Inverclyde Council in 2010. The case remained inactive for over 13 years. On 9 November 2023, the tribunal gave the claimant until 23 November 2023 to provide 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) on the grounds that it had not been actively pursued. The claimant was given a final opportunity to provide reasons or request a hearing but failed to do so, resulting in the claim being dismissed.
Practical note
Claimants must actively pursue their claims or risk strike-out; tribunals will not allow cases to remain dormant indefinitely without explanation or engagement from the claimant.
Legal authorities cited
Statutes
Case details
- Case number
- 100761/2010
- Decision date
- 10 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No