Cases3310787/2022

Claimant v Ultamodan Ltd

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for two reasons: (1) respondent in compulsory liquidation and permission of court not obtained to continue proceedings as required by Insolvency Act 1986, and (2) claimant failed to actively pursue the claim and did not provide acceptable reasons when given opportunity on 28 May 2025.

Facts

Miss Meeson brought employment tribunal proceedings against Ultamodan Ltd. The respondent company entered compulsory liquidation. On 28 May 2025, the tribunal wrote to the claimant requesting written reasons within 14 days why the claim should not be struck out for failure to actively pursue it. The claimant did not provide acceptable reasons.

Decision

The tribunal struck out the claim on two grounds: first, the respondent was in compulsory liquidation and the claimant had not obtained court permission to continue proceedings as required by the Insolvency Act 1986; second, the claimant failed to actively pursue the claim and did not provide acceptable reasons when given the opportunity to explain.

Practical note

Claims against companies in compulsory liquidation require court permission to proceed, and claimants must actively pursue their claims or risk strike-out for non-pursuit.

Legal authorities cited

Statutes

Insolvency Act 1986

Case details

Case number
3310787/2022
Decision date
18 September 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No