Claimant v LPC Invest Limited
Outcome
Individual claims
Claim struck out because respondent company is in compulsory liquidation and court permission for proceedings was not obtained as required by the Insolvency Act 1986. Additionally, the claimant failed to actively pursue the claim and did not provide acceptable reasons when given opportunity by the tribunal on 1 May 2025.
Facts
K Pender brought an employment tribunal claim against LPC Invest Limited. The respondent company entered compulsory liquidation. The claimant did not obtain court permission to continue the proceedings as required by the Insolvency Act 1986. On 1 May 2025, the tribunal gave the claimant 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: the respondent was in compulsory liquidation and the claimant had not obtained the required court permission to continue proceedings, and the claimant had failed to actively pursue the claim despite being given an opportunity to explain. The claim was therefore struck out.
Practical note
Claims against companies in compulsory liquidation require court permission under the Insolvency Act 1986, and failure to obtain such permission or to actively pursue the claim will result in strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 2402119/2024
- Decision date
- 25 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No