Claimant v Insolvency Service Redundancy Payments
Outcome
Individual claims
Claim struck out for non-pursuit. The claimant failed to obtain Court permission to continue claims against the respondent in compulsory liquidation and failed to respond to the tribunal's letter of 8 May 2024 giving opportunity to make representations or request a hearing.
Facts
The claimant brought proceedings against the Insolvency Service Redundancy Payments and Thomas Cook Airlines Ltd, which was in compulsory liquidation. The tribunal wrote to the claimant on 8 May 2024 giving him an opportunity to make representations or request a hearing as to why the claim should not be struck out for failure to actively pursue it, specifically because he had not obtained Court permission to continue claims against a company in liquidation.
Decision
The tribunal struck out the claim because the claimant failed to respond to the tribunal's letter or to make any representations why the claim should not be struck out. The claimant had also failed to obtain the necessary Court Order to continue proceedings against the respondent in compulsory liquidation.
Practical note
When proceedings are brought against a company in compulsory liquidation, a claimant must obtain Court permission to continue and must actively engage with tribunal correspondence or risk strike-out for non-pursuit.
Case details
- Case number
- 2417074/2019
- Decision date
- 9 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No