Claimant v Pluscrates Limited (in administration)
Outcome
Individual claims
Claim struck out because the respondent company is in administration and neither the consent of the Administrator nor the permission of the court was obtained as required by the Insolvency Act 1986. Additionally, the claimant failed to actively pursue the claim and did not provide an acceptable reason when given the opportunity to do so.
Facts
The claimant brought proceedings against Pluscrates Limited, a company in administration. The tribunal noted that neither the consent of the Administrator nor the permission of the court had been obtained to continue proceedings as required by the Insolvency Act 1986. On 2nd January 2025, the tribunal gave the claimant an opportunity to explain why the claim should not be struck out for failure to actively pursue it, but the claimant failed to provide an acceptable reason.
Decision
The tribunal struck out the claim on two grounds: first, the procedural requirement under the Insolvency Act 1986 for administrator consent or court permission had not been met; and second, the claimant had not actively pursued the claim and failed to provide acceptable reasons when given the opportunity to do so.
Practical note
When bringing claims against companies in administration, claimants must obtain either the administrator's consent or court permission to continue proceedings under the Insolvency Act 1986, and failure to do so will result in the claim being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 3302019/2023
- Decision date
- 14 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No