Claimant v Inverclyde Council
Outcome
Individual claims
The tribunal struck out the claim under rule 37(1)(d) because it had not been actively pursued. The claimant was given an opportunity to provide written reasons by 21 November 2023 or request a hearing but failed to respond or provide an acceptable reason why the claim should not be struck out.
Facts
Mrs Gillian brought a claim against Inverclyde Council in 2010. The claim was not progressed for many years. On 7 November 2023, the tribunal gave the claimant an unless order, requiring her to provide written reasons by 21 November 2023 or request a hearing to explain why the claim should not be struck out for non-pursuit. The claimant failed to respond or comply with the order.
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 explain why the claim should continue but failed to provide an acceptable reason or request a hearing.
Practical note
Tribunals will strike out claims for non-pursuit where claimants fail to comply with unless orders giving them a final opportunity to progress their case.
Legal authorities cited
Statutes
Case details
- Case number
- 100744/2010
- Decision date
- 10 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No