Claimant v Volta Trucks Limited (in administration)
Outcome
Individual claims
Claim struck out for two reasons: (1) 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; (2) claimant failed to actively pursue the claim and failed to give an acceptable reason when given the opportunity on 18 December 2024.
Facts
The claimant brought a claim against Volta Trucks Ltd, which was in administration. The tribunal noted that neither the Administrator's consent nor court permission had been obtained to institute or continue proceedings as required by the Insolvency Act 1986. On 18 December 2024, the tribunal gave the claimant an opportunity to provide written reasons why the claim should not be struck out for failure to actively pursue it. The claimant failed to provide an acceptable reason.
Decision
The tribunal struck out the claim on two grounds: first, the necessary consent under the Insolvency Act 1986 had not been obtained to proceed against a company in administration; second, the claimant had failed to actively pursue the claim and could not 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 proceed, and must actively pursue their claims or risk strike-out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 3302325/2023
- Decision date
- 20 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No