Claimant v Premiere Conferencing UK Limited (in compulsory liquidation)
Outcome
Individual claims
The claim was struck out because the respondent company is in compulsory liquidation and court permission to continue proceedings was not obtained as required by the Insolvency Act 1986. Additionally, the claimant failed to actively pursue the claim and did not provide acceptable reasons when given opportunity by the tribunal on 4 December 2023.
Facts
Mr Jeffery brought an employment claim against Premiere Conferencing UK Limited. The respondent company entered compulsory liquidation. The claimant did not obtain court permission to continue the proceedings as required by the Insolvency Act 1986. On 4 December 2023, the tribunal gave the claimant 14 days to explain why the claim should not be struck out for failure to actively pursue it, but the claimant failed to provide acceptable reasons.
Decision
The tribunal struck out the claim on two grounds: first, the respondent company was in compulsory liquidation and the claimant had not obtained the required court permission to continue proceedings under the Insolvency Act 1986; second, the claimant failed to actively pursue the claim and did not provide acceptable reasons when given the opportunity to do so.
Practical note
Claims against companies in compulsory liquidation require court permission to proceed, and claimants must actively pursue their claims or face strike-out even where the respondent is insolvent.
Legal authorities cited
Statutes
Case details
- Case number
- 3313635/2022
- Decision date
- 28 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No