Claimant v Tower Hire & Sales Ltd
Outcome
Individual claims
Claim struck out for non-pursuit after claimant failed to respond to tribunal's request for written reasons why the claim should not be struck out. Additionally, the respondent company is in administration and required consent/permission under Insolvency Act 1986 had not been obtained.
Facts
The claimant brought a claim against Tower Hire & Sales Ltd, which entered administration. On 29 August 2025, the tribunal gave the claimant an opportunity to provide written reasons why the claim should not be struck out for non-pursuit. The claimant failed to respond. Additionally, neither the consent of the Administrator nor the permission of the court had been obtained to continue proceedings as required by the Insolvency Act 1986.
Decision
The tribunal struck out the claim due to the claimant's failure to actively pursue it and failure to respond to the tribunal's request for reasons. The tribunal also noted that the required consent or court permission under the Insolvency Act 1986 had not been obtained given the respondent's administration status.
Practical note
When a respondent enters administration, claimants must obtain administrator consent or court permission to continue proceedings under the Insolvency Act 1986, and failure to actively pursue a claim will result in strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 1602161/2023
- Decision date
- 3 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No