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 reasons or request a hearing but failed to respond or provide acceptable reasons.
Facts
Mrs McDevitt filed a claim against Inverclyde Council in 2010. The claim appears to have been dormant for a significant period. On 10 November 2023, the tribunal gave the claimant an opportunity to provide written reasons by 24 November 2023 or request a hearing to explain why the claim should not be struck out. 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 respond or request a hearing but failed to do so.
Practical note
Claims that are not actively pursued for extended periods will be struck out, even after claimants are given a final opportunity to explain their inaction.
Legal authorities cited
Statutes
Case details
- Case number
- 100922/2010
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No