Claimant v Rujia Marketing Consultants Limited (In Liquidation)
Outcome
Individual claims
Claim struck out for two reasons: (1) the respondent company is in compulsory liquidation and the claimant failed to obtain court permission to continue proceedings as required by the Insolvency Act 1986, and (2) the claimant failed to actively pursue the claim and did not provide acceptable reasons when given the opportunity to do so on 19 March 2024.
Facts
Mrs V Boyce brought an employment claim against Rujia Marketing Consultants Limited. The respondent company entered compulsory liquidation. On 19 March 2024, the tribunal invited the claimant to provide reasons why the claim should not be struck out for non-pursuit within 14 days. The claimant failed to provide acceptable reasons or obtain the necessary court permission to continue proceedings against a company in liquidation.
Decision
The tribunal struck out the claim on two grounds: the claimant failed to obtain court permission to continue proceedings as required by the Insolvency Act 1986 when the respondent entered compulsory liquidation, and the claimant failed to actively pursue the claim or provide acceptable reasons when given the opportunity to do so.
Practical note
Claims against companies in compulsory liquidation require court permission to proceed under the Insolvency Act 1986, and failure to actively pursue a claim or respond to tribunal orders can result in strike-out even where a respondent is insolvent.
Legal authorities cited
Statutes
Case details
- Case number
- 1308160/2022
- Decision date
- 4 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No