Claimant v Darwen Stores Limited
Outcome
Individual claims
Struck out for two reasons: (1) respondent company is in compulsory liquidation and permission of the court has not been obtained to continue proceedings as required by Insolvency Act 1986; (2) claimant failed to actively pursue the claim and failed to provide acceptable reasons when given 14 days opportunity by tribunal.
Facts
A Patel brought an employment claim against Darwen Stores Limited. The respondent company entered compulsory liquidation. The tribunal gave the claimant an opportunity on 16 July 2025 to provide reasons within 14 days why the claim should not be struck out for non-pursuit.
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 the proceedings as required by the Insolvency Act 1986; second, the claimant had failed to actively pursue the claim and did not provide acceptable reasons when given the opportunity.
Practical note
When a respondent enters compulsory liquidation, claimants must obtain court permission under the Insolvency Act 1986 to continue tribunal proceedings, and failure to actively pursue the claim will result in strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 6018901/2024
- Decision date
- 7 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No