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 until 27 December 2023 to provide written reasons or request a hearing but failed to respond or provide an acceptable reason.
Facts
The claimant Ms M McEwan filed a claim against North Ayrshire Council in 2008. On 13 December 2023, the Tribunal ordered the claimant to provide written reasons by 27 December 2023 or request a hearing to explain why the claim should not be struck out. The claimant failed to respond or provide any acceptable reason.
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 an opportunity to respond but failed to do so, leading to the claim being dismissed.
Practical note
Claimants must actively pursue their claims and respond to tribunal directions; failure to engage with the process will result in strike-out for non-pursuit even in very old cases.
Legal authorities cited
Statutes
Case details
- Case number
- 116544/2008
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No