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
A claim filed in 2009 against Inverclyde Council had not been actively pursued by the claimant. 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 with an acceptable reason or request a hearing.
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 fair opportunity to explain why the claim should continue but failed to provide any acceptable reason or engage with the tribunal's process.
Practical note
Claims that are not actively pursued, even after being given a final opportunity to explain why they should continue, will be struck out by the tribunal for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 101734/2009
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No