Claimant v Inverclyde Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for failure to actively pursue. The claimant failed to respond to the tribunal's notice dated 10 November 2023 which gave her until 24 November 2023 to provide reasons why the claim should not be struck out or to request a hearing.
Facts
This is a long-running claim filed in 2010 by Mrs McCurdy against Inverclyde Council. By 2023, the claim had not been actively pursued. The tribunal issued notice on 10 November 2023 giving the claimant until 24 November 2023 to provide reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond or provide any acceptable reason.
Decision
The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue. The claimant was given fair notice and opportunity to respond but failed to do so. The claim, which had been outstanding for over 13 years, was therefore dismissed.
Practical note
Claimants must actively pursue their claims and respond to tribunal orders, or risk strike-out for non-pursuit under rule 37(1)(d), even in long-running cases.
Legal authorities cited
Statutes
Case details
- Case number
- 100931/2010
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No