Claimant v PJS Dental Limited
Outcome
Individual claims
Claim struck out for non-pursuit after respondent went into administration in December 2021 and claimant took no further steps to pursue the claim, indicating she understood there was no point in continuing.
Facts
The claimant brought employment claims against PJS Dental Limited. In December 2021, the respondent's solicitors advised that the company was going into administration. The claimant took no further steps to pursue her claims for over three years, and when the tribunal indicated it was considering striking out the claim for non-pursuit, she confirmed her understanding that there was no point in continuing.
Decision
The tribunal struck out the claim under Rule 38(1)(d) for non-pursuit. The respondent had gone into administration and the claimant acknowledged there was no point in pursuing the case further, so the tribunal concluded there was no reason to leave the possibility of a successful claim open.
Practical note
Claims will be struck out for non-pursuit where a respondent becomes insolvent and the claimant ceases to actively pursue the matter, even without a formal withdrawal.
Case details
- Case number
- 2307315/2020
- Decision date
- 9 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No