Claimant v North Ayrshire 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 until 27 December 2023 to provide written reasons or request a hearing as to why the claim should not be struck out, but failed to respond or provide acceptable reasons.
Facts
This was a claim filed in 2008 by Ms Russell against North Ayrshire Council. The claim remained dormant or was not actively pursued for many years. On 13 December 2023, the tribunal gave the claimant until 27 December 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 any 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 respond, leading to the claim being dismissed.
Practical note
Claimants must actively pursue their claims; failure to respond to tribunal directions regarding strike-out will result in dismissal of the claim for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 116581/2008
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No