Claimant v First Endeavour LLP (in Compulsory Liquidation)
Outcome
Individual claims
Claim struck out for non-pursuit under rule 38(1)(d). Claimant failed to obtain court permission to proceed despite respondent being in compulsory liquidation, and failed to respond to strike-out warning letter.
Facts
The claimant brought a claim against First Endeavour LLP which entered compulsory liquidation. The tribunal wrote to the claimant on 29 May 2024 advising that court permission was required to proceed. Despite a reminder on 3 December 2024 and a strike-out warning on 24 December 2024, the claimant failed to respond or provide confirmation of obtaining the necessary court consent.
Decision
The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunals Procedure Rules 2024 on the grounds that it had not been actively pursued. The claimant failed to obtain court permission to proceed against a respondent in compulsory liquidation and did not respond to multiple tribunal communications including a final warning.
Practical note
When a respondent enters compulsory liquidation, claimants must obtain court permission to continue proceedings and must actively respond to tribunal correspondence or risk strike-out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 8000342/2024
- Decision date
- 17 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No