Claimant v North Ayrshire Council
Outcome
Individual claims
The claim was struck out under rule 37(1)(d) for non-pursuit. The claimant was given until 27 December 2023 to provide written reasons or request a hearing to show cause why the claim should not be struck out, but failed to provide an acceptable reason or request a hearing.
Facts
Ms McDaid brought a claim against North Ayrshire Council in 2008. The case remained dormant for many years. On 13 December 2023, the tribunal gave the claimant until 27 December 2023 to provide written reasons why the claim should not be struck out or to request a hearing. The claimant failed to respond adequately or request a hearing.
Decision
The tribunal struck out the claim under rule 37(1)(d) for failure to actively pursue it. The claimant was given a clear opportunity to show cause why the claim should continue but failed to provide an acceptable reason or request a hearing.
Practical note
Claimants must actively pursue their claims or risk strike-out, even when given a final opportunity by the tribunal to show cause why the claim should continue.
Legal authorities cited
Statutes
Case details
- Case number
- 116540/2008
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- local government
- Represented
- No
Claimant representation
- Represented
- No