Claimant v Circular 1 Health Track and Testing Services Limited
Outcome
Individual claims
Struck out for non-pursuit following tribunal's notice on 21 March 2025. Claimant failed to provide acceptable reasons why claim should continue. Additionally, respondent is in administration and required consent under Insolvency Act 1986 was not obtained.
Facts
Mrs Bodoano brought a claim against Circular 1 Health Track and Testing Services Ltd. The respondent company entered administration. On 21 March 2025, the tribunal gave the claimant an opportunity to explain why the claim should not be struck out for non-pursuit. The claimant failed to provide acceptable reasons and had not obtained the required consent under the Insolvency Act 1986 to continue proceedings against a company in administration.
Decision
The tribunal struck out the claim on two grounds: the claimant failed to actively pursue the claim after being given an opportunity to respond on 21 March 2025, and the necessary consent from the Administrator or court permission required under the Insolvency Act 1986 to proceed against a company in administration had not been obtained.
Practical note
Claims against companies in administration require either administrator consent or court permission under the Insolvency Act 1986, and failure to actively pursue a claim when given the opportunity will result in strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 3302375/2023
- Decision date
- 1 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No