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 to provide written reasons or request a hearing by 21 November 2023 but failed to do so or provide acceptable reasons why the claim should not be struck out.
Facts
The claimant filed a claim in 2010 against Inverclyde Council. The case remained dormant for over a decade. 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 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 a final opportunity to explain why the claim should continue but failed to engage with the Tribunal's unless order.
Practical note
Claimants must actively pursue their claims or risk strike-out, and failure to respond to an unless order giving a final opportunity to engage will result in the claim being dismissed.
Legal authorities cited
Statutes
Case details
- Case number
- 100735/2010
- Decision date
- 10 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No