Claimant v Green 2 Delivery Ltd (In Administration)
Outcome
Individual claims
Claim struck out for non-pursuit. The claimants failed to respond to the tribunal's unless order of 23 April 2025 requesting written reasons why the claim should not be struck out for lack of active pursuit. Additionally, the respondent company is in administration and neither consent of the administrator nor permission of the court was obtained to continue proceedings as required by the Insolvency Act 1986.
Facts
Mr Szablinski and Mr Mazur brought claims against Green 2 Delivery Ltd, a company in administration. On 23 April 2025, the tribunal issued an unless order requiring the claimants to provide written reasons why their claims should not be struck out for failure to actively pursue them. The claimants failed to provide an acceptable response. Additionally, the necessary consent from the administrator or court permission required under the Insolvency Act 1986 had not been obtained.
Decision
The tribunal struck out both claims on two grounds: failure by the claimants to comply with the unless order and actively pursue their claims, and failure to obtain the legally required consent from the administrator or court permission to proceed against a company in administration as mandated by the Insolvency Act 1986.
Practical note
Claimants must actively pursue their claims and comply with tribunal orders, and where a respondent is in administration, proceedings cannot continue without obtaining administrator's consent or court permission under the Insolvency Act 1986.
Legal authorities cited
Statutes
Case details
- Case number
- 3307954/2023
- Decision date
- 18 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No