Claimant v Copelands Transport Limited
Outcome
Individual claims
Claims struck out for two reasons: (1) the respondent company is in compulsory liquidation and the required permission of the court under the Insolvency Act 1986 was not obtained to institute or continue proceedings; and (2) the claimants failed to actively pursue their claims, having been given opportunities on 15 January 2025 and 14 February 2025 to provide reasons why the claims should not be struck out, but failed to give acceptable reasons.
Facts
Two claimants, Mr W Horn and Mr D Alston, brought claims against Copelands Transport Limited, a transport company that entered compulsory liquidation. The claimants failed to obtain the required permission from the court under the Insolvency Act 1986 to continue proceedings against the insolvent company. The tribunal wrote to the claimants on 15 January 2025 and 14 February 2025 giving them opportunities to provide reasons why their claims should not be struck out for non-pursuit, but the claimants failed to provide acceptable reasons.
Decision
The tribunal struck out both claims on two independent grounds: first, because the required court permission under the Insolvency Act 1986 had not been obtained to proceed against a company in compulsory liquidation; and second, because the claimants had not actively pursued their claims and failed to provide acceptable reasons when given the opportunity to do so.
Practical note
Claims against companies in compulsory liquidation require court permission under the Insolvency Act 1986 to proceed, and failure to obtain such permission or to actively pursue claims will result in strike out, particularly where claimants fail to respond to tribunal directions.
Legal authorities cited
Statutes
Case details
- Case number
- 2401389/2024
- Decision date
- 17 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No