Claimant v Rivus Fleet Solutions Limited (in administration)
Outcome
Individual claims
Claim struck out for two reasons: (1) the respondent company is in administration and neither consent of the Administrator nor permission of the court was obtained as required by the Insolvency Act 1986, and (2) the claimant failed to actively pursue the claim and did not provide an acceptable reason when given opportunity on 11 January 2025.
Facts
Mr Evans brought a claim against Rivus Fleet Solutions Limited. The respondent company entered administration. The claimant did not obtain consent from the Administrator or permission from the court to continue the proceedings as required by the Insolvency Act 1986. On 11 January 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 an acceptable reason.
Decision
The Tribunal struck out the claim on two grounds: failure to obtain the required consent or permission to proceed against a company in administration under the Insolvency Act 1986, and failure by the claimant to actively pursue the claim or provide acceptable reasons for non-pursuit when given the opportunity.
Practical note
Claims against companies in administration require either the Administrator's consent or court permission to proceed, and failure to actively pursue a claim will result in strike-out even if the respondent is insolvent.
Legal authorities cited
Statutes
Case details
- Case number
- 2401735/2023
- Decision date
- 11 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No