Outcome
Individual claims
Claim struck out for two reasons: (1) the respondent company is in compulsory liquidation and permission of the court has not been obtained as required by the Insolvency Act 1986; (2) the claimant failed to give acceptable reasons why the claim should not be struck out for non-pursuit after being given 14 days to respond.
Facts
The claimant brought a claim against Unified Payroll, a company subsequently placed in compulsory liquidation. The tribunal noted that the Insolvency Act 1986 requires court permission to continue proceedings against a company in liquidation. On 22 May 2025, the tribunal wrote to the claimant giving 14 days to explain why the claim should not be struck out for non-pursuit. The claimant failed to provide acceptable reasons.
Decision
The tribunal struck out the claim on two grounds: first, because the respondent is in compulsory liquidation and the required court permission to continue proceedings has not been obtained; and second, because the claimant failed to actively pursue the claim and did not provide acceptable reasons when given the opportunity to do so.
Practical note
Claims against companies in compulsory liquidation require court permission under the Insolvency Act 1986, and claimants must actively pursue their claims or risk strike-out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 3322697/2021
- Decision date
- 1 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Unified Payroll
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No