Claimant v Unity Service Group Ltd
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 for proceedings to continue as required by the Insolvency Act 1986, and (2) the claimant failed to actively pursue the claim and did not provide an acceptable reason when given the opportunity to do so.
Facts
Mr Morrison brought a claim against Unity Service Group Ltd, which entered compulsory liquidation. The tribunal wrote to the claimant on 9 June 2025 giving him 14 days to explain why the claim should not be struck out for non-pursuit. The claimant failed to provide an acceptable reason.
Decision
The tribunal struck out the claim on two grounds: first, the respondent is in compulsory liquidation and the claimant has not obtained the required court permission to continue proceedings under the Insolvency Act 1986; second, the claimant has not actively pursued the claim and failed to provide acceptable reasons when given the opportunity.
Practical note
When a respondent company enters compulsory liquidation, claimants must obtain court permission to continue tribunal proceedings, and failure to actively pursue a claim will result in strike-out even where the respondent is insolvent.
Legal authorities cited
Statutes
Case details
- Case number
- 2409271/2023
- Decision date
- 3 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No