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 an opportunity on 9 November 2023 to provide written reasons by 23 November 2023 or request a hearing but failed to respond with acceptable reasons or request a hearing, leading to the strike-out.
Facts
Mrs C Houten filed a claim against Inverclyde Council in 2010. The claim remained dormant for over 13 years. On 9 November 2023, the Tribunal gave the claimant until 23 November 2023 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond with acceptable reasons or request a hearing.
Decision
The Tribunal struck out the claim under rule 37(1)(d) of the 2013 Regulations on the grounds that the claim had not been actively pursued. The claimant was given an opportunity to respond but failed to provide acceptable reasons or request a hearing.
Practical note
Claims that remain dormant for extended periods will be struck out for failure to actively pursue if the claimant cannot provide acceptable reasons when given the opportunity to respond.
Legal authorities cited
Statutes
Case details
- Case number
- 100779/2010
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No