Outcome
Individual claims
Claim struck out because the respondent company is in administration and the claimant failed to obtain either the administrator's consent or court permission to continue proceedings as required by the Insolvency Act 1986, despite being given an opportunity to do so.
Facts
The claimant brought employment tribunal proceedings against Anna Valley Ltd, a company in administration. The claimant failed to obtain either the administrator's consent or court permission to continue the proceedings as required by the Insolvency Act 1986. On 4 February 2025, the tribunal gave the claimant an opportunity to provide written reasons why the claim should not be struck out for not being actively pursued, but by 18 July 2025 there was no indication of compliance.
Decision
The tribunal struck out the claim because the claimant failed to obtain the necessary administrator's consent or court permission required under the Insolvency Act 1986 to continue proceedings against a company in administration, despite being given an opportunity to remedy this.
Practical note
Claims against companies in administration require either the administrator's consent or court permission to proceed, and failure to obtain this will result in the claim being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 3303660/2024
- Decision date
- 18 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Anna Valley Ltd
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No