Outcome
Individual claims
Claim struck out for two reasons: (1) respondent company is in compulsory liquidation and permission of the court to continue proceedings under the Insolvency Act 1986 has not been obtained; (2) claimant failed to actively pursue the claim and failed to provide acceptable reasons when given 14 days to do so by the Tribunal on 7 May 2025.
Facts
The claimant, Mr M Almond, brought an employment claim against Zobi Limited. The respondent company went into compulsory liquidation. On 7 May 2025, the Tribunal wrote to the claimant giving him 14 days to explain why the claim should not be struck out as it had not been actively pursued. The claimant failed to provide acceptable reasons.
Decision
The Tribunal struck out the claim for two independent reasons: first, the respondent is in compulsory liquidation and the claimant had not obtained the court's permission to continue proceedings as required by the Insolvency Act 1986; second, the claimant failed to actively pursue the claim and could not provide acceptable reasons when given the opportunity to do so.
Practical note
When a respondent enters compulsory liquidation, claimants must obtain court permission under the Insolvency Act 1986 to continue proceedings, and failure to actively pursue a claim will result in it being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 3310191/2021
- Decision date
- 29 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Zobi Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No