Claimant v M Igoe Limited (in administration)
Outcome
Individual claims
Claim struck out because the respondent is in administration and neither administrator consent nor court permission was obtained as required by Insolvency Act 1986. Claimant also failed to actively pursue the claim and did not provide acceptable reasons when given opportunity by tribunal on 14 October 2024.
Facts
M Dudson brought a claim against M Igoe Limited which was in administration. The claimant failed to obtain either the administrator's consent or court permission to institute or continue proceedings as required by the Insolvency Act 1986. On 14 October 2024, the tribunal gave the claimant an opportunity to explain why the claim should not be struck out for non-pursuit, but the claimant failed to provide acceptable reasons.
Decision
The tribunal struck out the claim on two grounds: first, the mandatory requirement under the Insolvency Act 1986 for administrator consent or court permission had not been met; second, the claimant had failed to actively pursue the claim and provided no acceptable explanation when given the opportunity to do so.
Practical note
Claims against companies in administration require either administrator consent or court permission under the Insolvency Act 1986, and failure to obtain this will result in the claim being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 2411489/2023
- Decision date
- 7 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No