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 23 November 2023 to provide written reasons or request a hearing to show cause why the claim should not be struck out, but failed to respond or provide acceptable reasons.
Facts
Miss C Kelly filed a claim against Inverclyde Council in 2010. The case remained dormant for many years. On 9 November 2023, the Tribunal gave the claimant until 23 November 2023 to provide written reasons or request a hearing to show cause why the claim should not be struck out for failure to actively pursue. The claimant failed to respond.
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 explain or request a hearing but failed to provide acceptable reasons or make any response.
Practical note
Claimants must actively pursue their claims and respond to tribunal orders, or risk having their claim struck out even if it was filed years earlier.
Legal authorities cited
Statutes
Case details
- Case number
- 100807/2010
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No