Claimant v Firezza Ltd
Outcome
Individual claims
Claim struck out for two reasons: (1) the respondent company is in compulsory liquidation and the claimants failed to obtain the required permission of the court under the Insolvency Act 1986 to continue proceedings; (2) the claimants failed to actively pursue the claim and failed to provide acceptable reasons when given the opportunity by the tribunal on 16 May 2025.
Facts
Three claimants brought claims against Firezza Ltd, a pizza restaurant company. The respondent entered compulsory liquidation. The claimants failed to obtain the required court permission under the Insolvency Act 1986 to continue proceedings against the company in liquidation. On 16 May 2025, the tribunal gave the claimants 14 days to explain why their claims should not be struck out for non-pursuit, but they failed to provide acceptable reasons.
Decision
The tribunal struck out all three claims on two grounds: first, the claimants failed to obtain the legally required permission from the court to pursue claims against a company in compulsory liquidation; second, the claimants failed to actively pursue their claims and could not provide acceptable reasons when given the opportunity to explain.
Practical note
When pursuing claims against a company in compulsory liquidation, claimants must obtain court permission under the Insolvency Act 1986 before proceedings can continue, and failure to do so will result in strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 3302760/2023
- Decision date
- 29 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Firezza Ltd
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No