Claimant v Levertech Engineering Services Limited (in administration)
Outcome
Individual claims
Claim struck out on two grounds: (1) respondent company is in administration and neither the consent of the Administrator nor the permission of the court was obtained as required by the Insolvency Act 1986; (2) claimant failed to actively pursue the claim and did not give acceptable reasons after being given opportunity on 30 April 2025.
Facts
Mr Whetham brought a claim against Levertech Engineering Services Limited, a company in administration. On 30 April 2025, the tribunal gave the claimant an opportunity to explain why the claim should not be struck out for failure to actively pursue it. The claimant failed to provide acceptable reasons. Additionally, neither the consent of the Administrator nor court permission had been obtained as required by the Insolvency Act 1986.
Decision
The tribunal struck out the claim on two grounds: failure to obtain necessary consent or permission to proceed against a company in administration under the Insolvency Act 1986, and the claimant's failure to actively pursue the claim or provide acceptable reasons when given the opportunity to do so.
Practical note
Claims against companies in administration require either the Administrator's consent or court permission under the Insolvency Act 1986, and failure to obtain this, combined with non-pursuit of the claim, will result in strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 2403598/2024
- Decision date
- 5 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- engineering
- Represented
- No
Claimant representation
- Represented
- No