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 as to why the claim should not be struck out, but failed to provide an acceptable reason or request a hearing.
Facts
Mrs Loughran filed a claim against Inverclyde Council in 2010. The claim remained dormant for over 13 years. 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 an acceptable reason.
Decision
The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue. Despite being given an opportunity to explain or request a hearing, the claimant failed to engage with the tribunal's notice, demonstrating the claim had not been actively pursued.
Practical note
Claims that remain dormant for extended periods without active pursuit risk being struck out, and claimants must respond to tribunal notices regarding strike-out to preserve their claims.
Legal authorities cited
Statutes
Case details
- Case number
- 100814/2010
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No