Claimant v CC STIM UK HOLDCO LTD (In Administration)
Outcome
Individual claims
The claim was struck out because the respondent company is in administration and the claimant did not obtain the consent of the Administrator or permission of the court as required by the Insolvency Act 1986. Additionally, the claimant failed to actively pursue the claim and failed to provide acceptable reasons when given the opportunity.
Facts
Miss A Brown brought a claim against CC STIM UK HOLDCO LTD, a company in administration. The claimant did not obtain the consent of the Administrator or permission of the court to continue proceedings as required by the Insolvency Act 1986. On 25 March 2025, the Tribunal gave the claimant an opportunity to explain why the claim should not be struck out for non-pursuit, but the claimant failed to provide acceptable reasons.
Decision
The Tribunal struck out the claim on two grounds: first, because the necessary consent under the Insolvency Act 1986 had not been obtained given the respondent's administration status; and second, because the claimant failed to actively pursue the claim and provided no acceptable explanation when given the opportunity to do so.
Practical note
Claims against companies in administration require proper compliance with insolvency procedures, and claimants must actively pursue their claims or risk strike-out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 3305313/2023
- Decision date
- 29 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No