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 24 November 2023 to provide written reasons or request a hearing but failed to do so or provide acceptable reasons why the claim should not be struck out.
Facts
The claimant filed a claim in 2009 against Inverclyde Council. By November 2023, the claim had not been actively pursued. On 10 November 2023, the tribunal gave the claimant until 24 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) on the grounds that it had not been actively pursued. The claimant was given an opportunity to respond but failed to do so, resulting in the claim being dismissed.
Practical note
Tribunals will strike out claims that are not actively pursued, particularly where claimants fail to respond to tribunal orders or warnings about potential strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 101828/2009
- Decision date
- 10 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No