Claimant v Campers Scotland Limited
Outcome
Individual claims
The claim was struck out for non-pursuit. The respondent was in compulsory liquidation and the claimant was required to obtain court consent under the Insolvency Act 1986 to continue proceedings. Despite multiple letters from the tribunal requesting confirmation of whether court permission had been sought, the claimant failed to respond to any communication, including a final opportunity to explain why the claim should not be struck out.
Facts
Mr Morrison brought a claim against Campers Scotland Limited, a company in compulsory liquidation. Under the Insolvency Act 1986, he was required to obtain court consent to continue the proceedings. The tribunal notified him of this requirement on 13 March 2025 and subsequently wrote to him multiple times requesting confirmation of whether he had sought permission. The claimant failed to respond to any of the tribunal's communications, including a letter on 23 September 2025, a reminder on 2 October 2025, and a final warning on 15 October 2025 giving him until 29 October 2025 to provide reasons why the claim should not be struck out.
Decision
Employment Judge Whitcombe struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the basis that it had not been actively pursued. The claimant had not obtained the necessary court consent to proceed against the insolvent company and had failed to respond to multiple tribunal communications requesting information about his intentions.
Practical note
When bringing claims against companies in liquidation, claimants must obtain court consent under the Insolvency Act 1986 and respond to tribunal correspondence, or face strike-out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 8000371/2025
- Decision date
- 4 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No